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NTK Issue date more than 3 months after Contravention Date - VCS

Apologies in advance if this has already been covered, but I’ve found conflicting information regarding this.

I received an initial notice to keeper from VCS with an issue date that was just over 3 months of the actual contravention (stopping to pick up/drop off in a restricted zone). I’ve read online that a NTK needs to be posted within 28 days of contravention. However I’ve also read that they can blame the delay on the DVLA for not providing the information in time. Just wondered if somebody could possibly point me in the right direction as to how to deal with this.

Thanks in advance!

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 21 July 2020 at 12:26PM
    VCS are allowed up to 6 months to obtain DVLA details under their Kadoe contract and issue an invoice PCN

    The newbies FAQ sticky thread near the top of the forum tells you how to appeal it and there are hundreds of VCS airport threads on here with good advice , no conflicting advice , good solid advice

    So yes VCS can issue a PCN after 3 months ,even if it fails POFA (plus POFA does not apply on airport and non relevant land)

    There is no 28 day limit to issue a PCN

    No blabbing about who was driving , not to anyone
  • Umkomaas
    Umkomaas Posts: 42,976 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The NtK can be delivered at any time up to ~6 months (after which time the DVLA won't release keeper details). If the NtK is delivered more than 15 days (for an ANPR camera capture) or more than 56 days (for a windscreen ticket) the vehicle keeper cannot be liable for the charge, that falls to the driver. 

    They can blame the DVLA, but it doesn't wash - don't worry about that angle. 

    The NEWBIES FAQ sticky gives you the background and starts you off on what will be a long process to get rid of the monkey that has now jumped on your back. 
    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 said:
    VCS are allowed up to 6 months to obtain DVLA details under their Kadoe contract and issue an invoice PCN

    The newbies FAQ sticky thread near the top of the forum tells you how to appeal it and there are hundreds of VCS airport threads on here with good advice , no conflicting advice , good solid advice

    So yes VCS can issue a PCN after 3 months ,even if it fails POFA (plus POFA does not apply on airport and non relevant land)

    There is no 28 day limit to issue a PCN

    No blabbing about who was driving , not to anyone
    Umkomaas said:
    The NtK can be delivered at any time up to ~6 months (after which time the DVLA won't release keeper details). If the NtK is delivered more than 15 days (for an ANPR camera capture) or more than 56 days (for a windscreen ticket) the vehicle keeper cannot be liable for the charge, that falls to the driver. 

    They can blame the DVLA, but it doesn't wash - don't worry about that angle. 

    The NEWBIES FAQ sticky gives you the background and starts you off on what will be a long process to get rid of the monkey that has now jumped on your back. 
    Thanks guys. One more question for you. 
    The photographs they’ve provided show the car stopped for 30 seconds. However, in none of the stills is my car actually on a double red line. There are double red lined areas visible around, but my car isn’t on them. Is this something that should be brought up or should the entire area be treated as completely no stopping? It’s at a BP fuelling station.
  • Umkomaas
    Umkomaas Posts: 42,976 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The parking firm are unregulated, they make the rules up as they go along - red lines, yellow lines, pink lines, no lines, they need no excuse to slap a ticket on you. Presumably this was at East Midlands Airport?  A recently set honey-trap for motorists to fall into. Search the forum on EMA and read other similar cases - the advice will be pretty consistent through all of them. 
    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: 149,193 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 July 2020 at 1:53PM
    georgeos5 said:
    Redx said:
    VCS are allowed up to 6 months to obtain DVLA details under their Kadoe contract and issue an invoice PCN

    The newbies FAQ sticky thread near the top of the forum tells you how to appeal it and there are hundreds of VCS airport threads on here with good advice , no conflicting advice , good solid advice

    So yes VCS can issue a PCN after 3 months ,even if it fails POFA (plus POFA does not apply on airport and non relevant land)

    There is no 28 day limit to issue a PCN

    No blabbing about who was driving , not to anyone
    Umkomaas said:
    The NtK can be delivered at any time up to ~6 months (after which time the DVLA won't release keeper details). If the NtK is delivered more than 15 days (for an ANPR camera capture) or more than 56 days (for a windscreen ticket) the vehicle keeper cannot be liable for the charge, that falls to the driver. 

    They can blame the DVLA, but it doesn't wash - don't worry about that angle. 

    The NEWBIES FAQ sticky gives you the background and starts you off on what will be a long process to get rid of the monkey that has now jumped on your back. 
    Thanks guys. One more question for you. 
    The photographs they’ve provided show the car stopped for 30 seconds. However, in none of the stills is my car actually on a double red line. There are double red lined areas visible around, but my car isn’t on them.

    Is this something that should be brought up or should the entire area be treated as completely no stopping? It’s at a BP fuelling station.
    You are not meant to stop and let passengers out because that's abuse of the Airport petrol station; it's not a drop-off area.   It's not what the BPA station is there for, or want - imagine if everyone did that...

    However, if THE DRIVER got petrol then how they can be liable for what their passenger does whilst the driver was using the pumps, would be hard for VCS to win in court.

    Having said that, this is a scam PCN from an ex-clamper.

    No-one pays, this is a camera car (or CCTV?) scam and we have loads of exact same thread so go read them - search for the name of the Airport on this forum (not Google).

    If you decide to reply, for goodness sake no typing ''I'' for the driver...
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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