IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.
We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PCN received over 2 months after incident

Options
Hi, I understand a PCN should be received within 14 days. So how can they issue one 2 months late? I did initially appeal on grounds train was late- true, but still not allowed. I can't afford £60 let alone £100.  Would a POPLA appeal win? Thanks
«134567

Comments

  • jost
    jost Posts: 35 Forumite
    First Post
    Options
    Should  have said a NTK was received for a PCN, not familiar with these terms!

  • Umkomaas
    Umkomaas Posts: 41,792 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Options
    Was the NtK served following the prior issue of a windscreen ticket?

    Which parking company?
    Railway station car park?
    Date of parking event?
    Date of Issue shown on the NtK?
    Does the NtK state 'Parking Charge Notice' or 'Penalty Charge Notice'? (please check, don't guess). 
    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
  • Coupon-mad
    Coupon-mad Posts: 135,016 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 4 April 2020 at 2:36PM
    Options

    jost said:
    Hi, I understand a PCN should be received within 14 days. So how can they issue one 2 months late? 

    This is already covered in the NEWBIES thread.  It tells you that PPCs don't have to issue a PCN/NTK in accordance with the POFA 2012, but if they don't, then very importantly, you (the registered keeper) can't be held liable.

    Is it dozy old APCOA?  If so, read any APCOA threads and no blabbing about who was driving, in any appeal.

    Please read the NEWBIES thread first, then tell us who the PPC is.  
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • jost
    jost Posts: 35 Forumite
    First Post
    Options
    Umkomaas said:
    Was the NtK served following the prior issue of a windscreen ticket?

    Which parking company?
    Railway station car park?
    Date of parking event?
    Date of Issue shown on the NtK?
    Does the NtK state 'Parking Charge Notice' or 'Penalty Charge Notice'? (please check, don't guess). 
    Thanks. No there was no prior ticket. It was a railway station car park. The parking event happened on 28th Jan. The notice was received in 1st April. Date on letter NTK is 27th March. It states Parking Charge Notice. I replied appealed saying I was picking up a family member when it was other person picking me up. I have train ticket to prove I couldn't have been driver. I didn't say all this is appeal as I didn't expect this. Thank you.
  • Umkomaas
    Umkomaas Posts: 41,792 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Options
    I replied appealed saying I was picking up a family member when it was other person picking me up
    You've effectively said you were driving, when in fact you were not. Dreadful error. The Protection of Freedoms Act 2012 (Schedule 4) provided you with total protection in both the fact that this was a station car park covered by byelaws and the date of issue of the NtK. I'm not sure you've got a lot to go with at POPLA, but you could try a 'kitchen sink' sized appeal hoping the PPC will just give up and drop their case. 

    Is the PPC APCOA?
    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
  • jost
    jost Posts: 35 Forumite
    First Post
    Options
    It was NCP. Not sure what you mean by kitchen sink. I've only just found out I could have claimed against the late train but that has 28 day claim period. Life is so unfair.
  • Le_Kirk
    Le_Kirk Posts: 22,618 Forumite
    First Anniversary First Post Photogenic Name Dropper
    Options
    jost said:
    It was NCP. Not sure what you mean by kitchen sink. I've only just found out I could have claimed against the late train but that has 28 day claim period. Life is so unfair.
    Throw "everything at it including the kitchen sink" is a well known expression saying to try absobloominlootley everything.  If you go the NEWBIE sticky third post and us ALL the points in the POPLA templates.
  • Umkomaas
    Umkomaas Posts: 41,792 Forumite
    First Anniversary Name Dropper First Post Photogenic
    edited 4 April 2020 at 3:14PM
    Options
    Not sure what you mean by kitchen sink
    A long, heavy in detail and complex series of arguments, both legal and technical. Before you recoil, the NEWBIES FAQ sticky, third post, gives plenty of template paragraphs as well as links to other examples of winning appeals. 

    Have you received your POPLA code?

    Do you have a verbatim copy of your appeal communication with NCP, if so let us see if you've left yourself any PoFA wriggle-room. Please post it up here. 
    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
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    edited 4 April 2020 at 7:42PM
    Options
    If you did identify the driver then POFA does not apply , neither does the 14 day rule , which means the default of 6 months kicks in anyway

    So dreadful if you named the driver as half the arguments go out of the window , especially if Network rail own the land
  • jost
    jost Posts: 35 Forumite
    First Post
    Options
    Umkomaas said:
    Not sure what you mean by kitchen sink
    A long, heavy in detail and complex series of arguments, both legal and technical. Before you recoil, the NEWBIES FAQ sticky, third post, gives plenty of template paragraphs as well as links to other examples of winning appeals. 

    Have you received your POPLA code?

    Do you have a verbatim copy of your appeal communication with NCP, if so let us see if you've left yourself any PoFA wriggle-room. Please post it up here. 
    Thanks, I did read the Newbies thread but couldn't work out if it would help my case.
    Yes they provided POPLA code.
    Here is part of email-

    Thank you for your appeal received on 1st April 2020 regarding the above detailed Parking Charge Notice.

    We have reviewed your case and considered the comments you have made. Your appeal has also been considered in conjunction with the evidence gathered by our Automatic Number Plate Recognition cameras, which record your entry and exit times. Our records show the notice was correctly issued as payment was not made for your parking session. 

     

    You now have 14 days from the date the letter is received to pay at the discounted rate of £60. If after 14 days payment hasn't been made the charge will increase to the full rate of £100.

     

    .  

This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 344.6K Banking & Borrowing
  • 250.6K Reduce Debt & Boost Income
  • 450.4K Spending & Discounts
  • 236.8K Work, Benefits & Business
  • 610.5K Mortgages, Homes & Bills
  • 173.8K Life & Family
  • 249.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards