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Please help 5 PCNs - NTK Fistral Newquay

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  • Umkomaas
    Umkomaas Posts: 43,367 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Blue222 wrote: »
    Hi Umkomaas
    I have scanned redacted copy of PCN. How do I attach it here?
    Thank you for replying

    NEWBIES - HOW TO UPLOAD LINKS TO PHOTOS/SCANS TO MSE

    To upload a photo/scan link, you first need to host it on a free photo hosting site (like Dropbox or Imgur), copy the URL, paste it here, but change the http to hxxp and we'll do the conversion. Newbies can't directly upload links to photos/scans until they've a few posts under their belt.

    Please do not use TinyPic or PhotoBucket as they drop all sorts of gratuitous and unsolicited dross on computer screens when their links are opened.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 151,844 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Date of notice 8 Aug 2019 Date of contravention 28 July 2019
    Date of notice 8 Aug 2019 Date of contravention 28 July 2019
    Two contraventions on the same day? Both of these were posted on a Thursday and as such, were not deemed delivered until Monday at the earliest, and so these were posted too late for keeper liability under the POFA (but you have to explain that in words of on syllable and with clear dates, to POPLA who are not as good as they used to be).

    If the others were dated in time (and have the right POFA wording) then so what, really! You can still appeal to POPLA then if you lose, ignore them (not ignoring a court claim of course but that's another bridge to cross and no CCJ risk).

    Nothing to worry about!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Blue222
    Blue222 Posts: 20 Forumite
    Hi Umkomaas
    I had to take out the beginning of the url h to www. inorder to post...
    dropbox.com/home?preview=PCN+-+NTK.pdf
    Thank you for replying
  • Umkomaas
    Umkomaas Posts: 43,367 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 14 August 2019 at 10:36AM
    Blue222 wrote: »
    Hi Coupon-mad
    1. Date of notice 6 Aug 2019 Date of contravention 26 July 2019
    2. Date of notice 30 July 2019 Date of contravention 19 July 2019
    3. Date of notice 8 Aug 2019 Date of contravention 28 July 2019
    4. Date of notice 8 Aug 2019 Date of contravention 28 July 2019
    5. Date of notice 7 Aug 2019 Date of contravention 27 July 2019

    Hopefully another regular will check my calculations:

    Dates 1, 2 and 5 are within PoFA parameters
    Dates 3 and 4 are not *

    * the NtK must be delivered within 14 days of the day immediately following the parking event. The notice is deemed delivered 2 working days later. The calculation for the two above dates is as follows:

    Day following contravention - Monday 29/07 (Day 1)
    Day notice given - Thursday 08/08 (Day 11)
    Day 12 - Friday 09/08
    Days 13 and 14 - Saturday and Sunday
    Monday 12/08 (day of deemed delivery, 2 working days after issue) is Day 15, oops, too late for keeper liability!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 151,844 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 14 August 2019 at 10:57AM
    Yep we agree, and so what if three were sent in time, who cares really, no-one PAYS!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_Kirk
    Le_Kirk Posts: 24,553 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    That seems to be the US version of dropbox and is asking for sign-in details, so much easier to use imgur.
  • Umkomaas
    Umkomaas Posts: 43,367 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Blue222 wrote: »
    Hi Umkomaas
    I had to take out the beginning of the url h to www. inorder to post...
    dropbox.com/home?preview=PCN+-+NTK.pdf
    Thank you for replying

    I can't make that work. What's the '+-+NtK' bit about?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Blue222
    Blue222 Posts: 20 Forumite
    Hi Coupon-mad
    I will note that for these two PCNs that both of these were posted on a Thursday so were not deemed delivered until Monday at the earliest, and so these were posted too late for keeper liability under the POFA.
    With the others, we didn't receive them within 14 days because we were away. Does that count? If I still appeal to POPLA and loose, I can ignore letters unless it's a court claim. Are you saying there is no CCJ risk? Will this effect our credit rating?

    What do you think about what 'The Deep' said above - have copied it here:
    'I would say that, unless they have failed to clear all the PoPLA hurdles, your chances with winning there are slight indeed.
    IMO your only way of not paying this is to let them take you to court and win with legal arguments. This will require much time and effort on your part.
    Personally, if they have a solid claim, I would pay.'

    Just want to check what's the best thing to do - pay up or go to court and end up paying anyway?

    Thank you for replying
  • Quentin
    Quentin Posts: 40,405 Forumite
    Everyone has their opinion

    That one is contrary to the rest!!

    #OP

    You decide whether you want to accept that one v everyone else
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Being away is irrelevant, it's the day they issued them or the day they arrived on your doormat that matter

    If you were away for 3 months it wouldn't change their timescales under the law, irrespective of your timescales which are irrelevant

    The CCJ angle is explained in the newbies faq sticky thread and has nothing to do with parking

    If you lose in court, pay up , promptly, within the timescale set by the judge, usually one month, to avoid a CCJ affecting your credit rating
This discussion has been closed.
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