Parking Charge Notice - limit of notice

SoylentGreen

Hi - firstly, thanks to all who contribute to help in this forum - much appreciated :-)

I received a Parking Charge Notice for NCP ANPR controlled car park Crawley Boulevard West. It was dated 24/09/19 for date of incident 16/08/19.

I have read that there is a statutory limit of 28 days which NCP have to issue the notice, however this article was from 2015:

"A PCN is a civil offence and can be issued by post, by hand or applied to a vehicle windscreen. By law the PCN must be issued within 28 days of when the traffic warden saw the parking rule was broken or it was caught on camera. "

Is this still the case or did legislation change since then?

Advice on how to proceed/respond and any appropriate templates appreciated.

Thanks in advance

Soylent Green

Redx

read the NEWBIES thread near the top of this forum

read up on POFA 2012 , which is not mandatory , so not statutory

the limit for enforcement of an invoice is 6 years

if the PPC failed POFA , then the keeper has no liability , so if after 14 days for an ANPR controlled car park an NTK didnt arrive (by day 15) , then the keeper isnt liable but must still appeal it

as no windscreen ticket was issued at the time , the 14 day rule applies, but as mentioned , POFA (the last legislation in england and wales) is not mandatory

appeal it using the blue text template , as keeper , no blabbing about wo was driving

SoylentGreen

Hi Redx,

Thanks for the prompt reply - much appreciated. Should I copy and update the template text and respond online now or wait until closer to the limit of 28 days to appeal (being 22nd October)?

I am assuming by your response that they have not complied with POFA 2012 under Paragraph 9 subsection (5) "The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended." Should I make any references to this? Or just the wording in the template as I presume this makes them have to respond further.

Many thanks again,

Soylent Green

Coupon-mad

I have read that there is a statutory limit of 28 days which NCP have to issue the notice, however this article was from 2015:

"A PCN is a civil offence and can be issued by post, by hand or applied to a vehicle windscreen. By law the PCN must be issued within 28 days of when the traffic warden saw the parking rule was broken or it was caught on camera. "

That's an irrelevant article about real PCNs from the Council. Completely different.

There is no ''by law'' or ''traffic warden'' involved in private PCN scams.

Just use the template now, if yours was a postal PCN that arrived late. If you want you could add a line about the POFA. Make sure you do not add anything that implies who parked!

Is yours a lease or company car though? Did NCP write to the lease firm or company first, who gave your details as hirer/lessee?

if so then read the bit lower down the first post of the NEWBIES thread about hirers.

SoylentGreen

Hi Coupon-mad,

Thanks for your response.

It's a private vehicle registered in my name so the PCN came directly to me. It was postal, nothing on the car as I was sat in it the whole time.

Just noticed, PCN is NCP backwards...

The_Deep

This board deals with parking charges on private land. Th POFA does not apply to Council PCNs which are answer
d on peppipoo.

Coupon-mad

But this is not a Council PCN.

You know when you sit in a car, you are still parked and have to pay for parking? I find it unbelievable people think otherwise!

The_Deep

Nine times out of ten of these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies

SoylentGreen

Hi - all responses appreciated. To be clear, this is an NCP operated car park facility. It is not owned by the local council.

So as I understand, the 14-day rule applies and the blue template is correct?

Thank you.

KeithP

Just send the blue text template appeal easily found in post #1 of the NEWBIES thread.

Send it unchanged - no additions or alterations needed.

Send it as the keeper.

Redx

SoylentGreen wrote: »

Hi - all responses appreciated. To be clear, this is an NCP operated car park facility. It is not owned by the local council.

So as I understand, the 14-day rule applies and the blue template is correct?

Thank you.

it is as long as no windscreen ticket was placed on the vehicle on the day in question, do not alter the blue text template, ensure its a keeper appeal, no need to wait until day 26 (that is for windscreen ticket appeals)


pcn is parking charge notice


the NTK is what was received in the post , to the keeper


a popla code will probably arrive with their rejection , so you still go through the motions ,even though they failed POFA