PCN after 14 days but mistakingly disclosed driver

ShowmetheSavings

Hi All

I am hoping somebody can help me while wishing I had found the advice on this forum before responding to NCP.
A member of my family received a PCN from NCP for entering a carpark to drop off his mum and leaving after 11mins and 12 Seconds.

The PCN notice to keeper was issued 37 days after the incident. (5/10 alleged incident - 11/11 PCN issued)

I saw on the Citizens Advice Bureau website that these invoices needed to be issued within 14 days so he should appeal and tell them it should have issued sooner.

He followed the online appeals procedure but it seems he must have selected the drop down informing them he was the driver. We weren't aware of the information on here and didn't realise this would make a difference.

Needless to say the appeal was rejected and NCP state this :

As you have selected "Driver" as appellant type when appealing this notice, you admit to being the driver at the time of contravention and waive the protections brought by the Protection of Freedoms Act 2012.
We are therefore unable to cancel the Parking Charge Notice as it was issued correctly.

They go one to say that if we wish to appeal we must go through POPLA.

I don't want any additional mistakes on our part so am hoping for some advice on how best to proceed with the appeal to POPLA.
What I have learned from reading on here is he might have grounds for appeal for the following reasons:

1. The PNC to keeper wasn't issued in the correct time frame
( how does his 'admission' to being the driver effect this? Do the web forms lead people to mistakingly select 'Driver' ?)
2. Thirty seven days is too long between incident and issuing PCN even when Driver is known.
3. He was there there for 11 minutes . I understand there should be a grace period. How long is this supposed to be ?

Is there anything else he can appeal on ?
Are these points good enough ?
Is POPLA the next step or should he try a different route.

Many thanks

SMTS

KeithP

1. The PNC to keeper wasn't issued in the correct time frame

They have up to seven months to issue a Notice to Keeper. Only if they do not know the identity of the driver and they wish to pursue the keeper does any other time limit apply.

( how does his 'admission' to being the driver effect this?

As above.

Do the web forms lead people to mistakingly select 'Driver' ?)

Yes. The webform often default to admitting being the driver.

2. Thirty seven days is too long between incident and issuing PCN even when Driver is known.

You may think so, but... see my first response above.

3. He was there there for 11 minutes . I understand there should be a grace period. How long is this supposed to be ?

You need to read the BPA's Code of Practice for that.

Is there anything else he can appeal on ?

Landowner Authority. Quality, or lack thereof, of the signs.

Are these points good enough ?

Should be.

Is POPLA the next step or should he try a different route.

Try PoPLA.

You need to be reading post #3 of the NEWBIES thread to discover exactly how to create a winning PoPLA appeal.

The_Deep

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, or to all likely candidates now, it can cause the scammer extra costs and work, and often, if they know an MP is in the loop, they will cancel the charge..

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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]

ShowmetheSavings

thanks for the input . looks like we have a lot of homework .

ShowmetheSavings

Does anybody have experience of using Resolver ?
resolver.co.uk

it seems easier but is it anygood ?

ShowmetheSavings

this is my work in progress so the POLPA appeal :
I am still working on it but was hoping to get some input as I go.

I am trying to post a link but even changing https to hxxps isnt helping

Thanks for any help with this;

ShowmetheSavings

hopefully this link works . I think i need to add something about the sign at the entrance which was much clearer than those on site but would require blocking entrance / road or parking on double yellows to stop and read.

still cant get a link to work ... is there some other way i could share this ??

Coupon-mad

ShowmetheSavings wrote: »

Does anybody have experience of using Resolver ?
resolver.co.uk

it seems easier but is it any good ?

Truly terrible as regards PPC scams! Resolver start from the presumption that the complainant was a 'customer' of the scammer firm and that there was a contract that the person wants to 'complain' about for bad service. Just rubbish for these scams.

Change http to hxxp AND add in 'dot' instead of a . or 'forward slash' instead of / (or just add a couple of gaps in the URL to break it up) until the post here accepts it.

Le_Kirk

Sometimes the forum sees hxxps:// as a link and will stop you posting it. Just post the rest of the URL and someone will add the front end for you.

Le_Kirk

https://dropbox.com/transfer/AAAAAEq6svTGlasls2ulzOd6heUmEcegqgl_MnSANPZb4a0wJz Z9j2o


Something wrong with your link!

ShowmetheSavings

thanks for trying to get the link to work but seem broken when i try it .
Have generated this new final part to see if this helps

AAAAAEq6svTGlasls2ulzOd6heUmEcegqgl_MnSANPZb4a0wJzZ9j2o