PCN from LPS Ltd - Issue date is different on letters

Trulyvanilla

Hi,

I'm currently preparing to defend a parking charge notice from Local Parking Security LTD from 2018. It's got to the LBC stage so I issued a SAR request to LPS LTD. When the charge notice was first issued it was appealed (and of course rejected) using the POFA argument as it was not a windscreen fine, but an ANPR one and the letter didn't arrive for over 14 days. It wasn't appealed through POPLA (a mistake I know) and was just left.

After issuing the SAR via email and receiving the letters I noticed the original letter seemed to have a different date on, and this date is within the 14 days for POFA. However the second letter they sent in the email (which was the first reminder letter) did have the correct date which was over the 14 days, leaving me with two letters with completely different issue dates for the same parking charge notice. The first letter is also *not* dated whereas the second is.

Is there something I may have missed with being able to have different issue dates for the same parking charge notice? Or could the original letter have been edited to appear within the 14 days and if so is there any action I take take regarding that?

Can't post links but I do have screenshots of the two letters with the differing dates

KeithP

The issue dates on each of those letters is surely the date that each of those letters was issued.

If you want to show us pictures then upload them to a free webhosting site and post the link to them here.
As a new user you will not be able to post a live link but often just changing http to hxxp is enough.

Trulyvanilla

Thanks for your reply. I was under the impression that the issue date was for the date that the PCN was issued, not when the letter was sent.

1st letter hxxps://i.imgur.com/jCdc5RD.png
1st reminder letter hxxps://i.imgur.com/klc6QnH.png
Wording on the 1st reminder letter hxxps://i.imgur.com/crz4YIk.png

Coupon-mad

https://i.imgur.com/jCdc5RD.png

The issued date is the date the notice to keeper was allegedly 'issued' ( = posted).

A 'reminder letter' is completely irrelevant - not a statutory letter - and we/you don't care how that was worded or dated!

After issuing the SAR via email and receiving the letters I noticed the original letter seemed to have a different date on, and this date is within the 14 days for POFA.

It's not about the date it was issued being within 14 days, it's about when it was deemed delivered, which was the Monday after the purported 'issued date' if that was a Thursday (am I right?).

Surely that Monday is outside 14 days from the parking event (fingers crossed)?

Trulyvanilla

Thanks for your reply

A 'reminder letter' is completely irrelevant - not a statutory letter - and we/you don't care how that was worded or dated!

So even though the first letter and second letter have different issue dates for the PCN, and the second letter is dated whereas the first is not, the 14 day limitation would be based off when the first letter was deemed to be delivered? And the differing dates between the two letters does not mean anything?

I will have a look for the original printed letter as I'm confident it differs to the one sent in the SAR.

Coupon-mad

The NTK's date is there, it is the ''issued date''.

the 14 day limitation would be based off when the first letter was deemed to be delivered?

Yes. The reminder letter having a date typo mans nothing at all because the reminder means nothing at all.

Trulyvanilla

Hi, bit of an update,

I have found the original NTK letter that they sent and it was indeed issued on the 26th, which is more than outside the 14 day limitation.

Therefore the letters that Local Parking Security LTD sent me after I requested a SAR are incorrect and the date has been changed on them to try and show that they were within the 14 days. Is there anything I can now do with this information?

Fruitcake

What is the date of the alleged event?

Trulyvanilla

07/09/18 with the issue date on the original paper NTK of 26/09/18 (and the subsequent reminder letter)

The issue date on the letter I was sent after requesting the SAR has the issue date changed to the 13/09/18 whereas the reminder letter also sent from the SAR has the original issue date of the 26/08/19

Fruitcake

I'm getting confused with 1st letter, 1st reminder etcetera.

You have only shown us partial images, each with a single date on it and I can't work out how they are supposed to be linked, nor can I tell if the NTK was PoFA compliant.

Please show the PCN/NTK and PCN/NTK reminder showing all the dates. Just redact your VRM, and name and address.

Trulyvanilla

No problem, here are the images. I can't post the direct links as I don;t have enough posts unfortunately

These are the original letters that were sent
NTK http s://i.imgur.com/o77y7B8.jpg
Reminder Letter http s://i.imgur.com/0Pa4Rva.jpg

These are the letters that were received by email (in PDF form, i still have the original email saved) from LPS after issuing a SAR to them
NTK http s://i.imgur.com/Y9jYOK8.png
Reminder Letter http s://i.imgur.com/2bWhGB4.png