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Notice to keeper rules

Hi all,

I have read through the FAQs and the stickys but cant find an answer to my question.
I must admit though I've got a little lost in some of the detail.

My question is if a Parking Charge Notice is sent via the post, does this have to be sent within 14 days of the contravention date to make it enforceable? For instance if a PCN is sent on 2nd September and the contravention date was 16th August, does this mean the charge can no longer be chased?

Kind Regards,

Chris

Comments

  • Johno100
    Johno100 Posts: 5,259 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Hi all,

    I have read through the FAQs and the stickys but cant find an answer to my question.
    I must admit though I've got a little lost in some of the detail.

    My question is if a Parking Charge Notice is sent via the post, does this have to be sent within 14 days of the contravention date to make it enforceable? For instance if a PCN is sent on 2nd September and the contravention date was 16th August, does this mean the charge can no longer be chased?

    Kind Regards,

    Chris

    No, it means they have failed to jump through one of the hoops they have to to pursue the Registered Keeper and not the driver (the identity of whom of course you won't divulge).
  • Sorry I still don't understand. So they can still chase for that charge then and could eventually take to court if they needed to?
  • Umkomaas
    Umkomaas Posts: 43,880 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Which parking company?
    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
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    You dont understand because you havent spotted the difference between driver and keeper

    Any PCN is based off an alleged contract that said if you do Y you agree tp pay £stupid
    ONLY the driver can agree this supposed contract so ONLY the driver is liable, but only a court can decide this

    POFA2012 added a NEW !!!! idea that a *keeper* could be responsible for this contract - that they never even saw - as long as the parking operator jumped through some hoops. Again, only a court can decide if a keepr is actually liable...
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 9 September 2019 at 8:10PM
    Sorry I still don't understand. So they can still chase for that charge then and could eventually take to court if they needed to?


    If they know who the driver is yes, but they have officially failed the 14 day rule to take the keeper to court.


    Which is why the newbies thread says never to tell them who the driver is.
  • Thanks for the advice. The parking company is Care Parking.
    Given that they have failed to adhere to the 14 day rule, do I need to contact them to tell them this or do I just ignore them?
  • You follow the same advice in the NEWBIES thread.


    Appeal using the standard text and wait for a POPLA code.


    You then use the fact they've flaunted the POFA to beat them.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have you based your forum username on your real name?

    If so, you are best advised to get it changed to something much more anonymous.

    To help with that, you might like to read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:
    Q. How can I change my username?

    A.
    In most circumstances, this is not permitted.

    The only reason we will change your username is if it puts your privacy at risk. This usually means you've inadvertently registered using your name, email address or something that gives away your identity within your username.

    If you fall into this category, email forumteam@moneysavingexpert.com and request that it is changed, giving three alternative usernames in order of preference.
  • Thanks for everyone's advice. I got an email today saying the fine has been cancelled.
  • Le_Kirk
    Le_Kirk Posts: 25,266 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Nice result.
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