PCN received over 2 months after incident

jost

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

jost

Should  have said a NTK was received for a PCN, not familiar with these terms!

Umkomaas

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). 

Coupon-mad

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.  

jost

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

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?

jost

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

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

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. 

Redx

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

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.

 

.