How long after event can PCN be issued?

RachCarter

Hi,

Please can I have some advice? I find conflicting info on the net.

I have received a PCN from ParkingEye
(ANPR entry/exit to the carpark)

Date of Event : 26th July 2019
Date Issued : 1st October 2019

67 days! Is this within the rules?

To make things more complicated, it was a hire car, for which I have read that the rules are different.

This is the date the PCN was issued to the hire company (they sent me a copy of the letter).... I am waiting for the PCN to be reissued to me in my name.

Can I contest this on the basis that too many days have passed before being issued?

Do I need to wait for the new PCN in my name to do so?

Thank you

Astar1809

Up to 6 years I thought was the window for them to pursue you. I know of a local car park to me who deliberately wait around 12-24 months to issue the fine in the hope the person has lost any evidence of how long they parked or if they paid. Our car park made the ITV show "Parking wars" it was so bad, but it was explained they do have 6 years to chase for the money from the incident.

RachCarter

Darn it!!

Ok thank you, I thought it was 28 days.

Nevermind

The_Deep

PE signs are usually rubbish, read this thread

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

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

twhitehousescat

in order to rely on the POFa and hold the keeper liable they ( PE) must issue a NTK within 14 days if this was a ANPR type site

you have actually mentioned the reason for the late NTK "To make things more complicated, it was a hire car, for which I have read that the rules are different."

the chances are that the hire car was not actually owned by the hire co and had been sub leased to them

monkeez

twhitehousescat wrote: »

in order to rely on the POFa and hold the keeper liable they ( PE) must issue a NTK within 14 days if this was a ANPR type site

I thought the 14 day rule applied only if you didnt get a windscreen PCN?
There wasnt a windscreen PCN in my case, it arrived through the post 29 days after the event.
There wasnt a ANPR camera at the site...the PCN had a photo that looked like it was taken by a handheld camera.

Umkomaas

PE have 14 days to hold the hire company liable. The hire company can transfer liability by notifying PE of the name of the hirer (along with copies of signed hire documents - which they never receive), then PE have 21 days to issue a 'Notice to Hirer' (including copies of the signed hire documents - which they won't have), to enable them to hold the hirer liable under the Protection of Freedoms Act 2012 (Schedule 4) para 14.

PE know that unless they meet those deadlines and enclose copies of the signed hire documents, they are whistling in the wind in trying to hold the hirer liable.

What exactly does their Notice to Hirer say about the Protection of Freedoms Act 2012 (Schedule 4) para 14 - EXACTLY, not paraphrased please.

Umkomaas

monkeez wrote: »

I thought the 14 day rule applied only if you didnt get a windscreen PCN?
There wasnt a windscreen PCN in my case, it arrived through the post 29 days after the event.
There wasnt a ANPR camera at the site in my PCN...the PCN had a photo that looked like it was taken by a handheld camera.

Please don't confuse this thread with questions about your own case. Ask on your own thread if you have one. ParkingEye don't use handheld cameras.

Redx

And 7 months is the limit to obtain keeper details from the DVLA

So different timescales depending on the facts , laws and contracts

Hire cars have special mention here , so read the advice by Edna basher

Fruitcake

RachCarter wrote: »

Hi,

Please can I have some advice? I find conflicting info on the net.

I have received a PCN from ParkingEye
(ANPR entry/exit to the carpark)

Date of Event : 26th July 2019
Date Issued : 1st October 2019

67 days! Is this within the rules?

To make things more complicated, it was a hire car, for which I have read that the rules are different.

This is the date the PCN was issued to the hire company (they sent me a copy of the letter).... I am waiting for the PCN to be reissued to me in my name.

Can I contest this on the basis that too many days have passed before being issued?

Do I need to wait for the new PCN in my name to do so?

Thank you

Yes you can contest it by following the advice given and using the hire/lease appeal template written by edna basher from post 1 of the NEWBIES which asks you to read it first before posting.

You can easily beat this but you need to red and understand the process before you start.
One of the first things to do is to instruct the hire/lease company not to pay the PCN as they cannot be held liable since the scammers have failed to comply with the strict requirements of the PoFA 2012. State that you are dealing with it so the hire/lease company are no involved now that they have discharged their liability by naming the hirer.

Do not reveal the driver's identity under any circumstances, either on here or to the scammers or hire/lease company.