Parking Charge Notice --Service of NTK-- time limit when ANPR used.

BarryBados

Can anyone kindly clarify for me the legal condition on the time limit for service of a notice to keeper of a vehicle where ANPR technology has been used and no parking charge notice has been placed on the windscreen of a vehicle.

Am I correct in my understanding that in the above circumstances it must be served within 14 days FOLLOWING the date of the alleged parking offence, and that it is deemed to be served no later than two days from the time of posting excluding Saturdays, Sundays and Bank Holidays..

I am also confused in that I seem to have also read somewhere that the parking company, where no ticket was placed on the windscreen of a vehicle, (again relying on ANPR) also have 14 days to apply to the DVLA for the keeper details?

Would that then mean there is up to 28 days allowed for postal service of NTK in these circumstances to comply with the POFA 2012 to take proceedings against the keeper of the vehicle..

In short, how many days does a parking company have to legally comply with the POFA 2012 act to pursue proceedings against a keeper of a vehicle that is alleged to have been illegally parked and when do they lose their entitlement to take proceedings solely against the keeper.....

Thanks all.

Coupon-mad

It's the 14 day timeline as set out in para 9 of the POFA, Schedule 4, as linked in the NEWBIES thread.  Being late doesn't void the PCN but makes it easy to appeal if it's a BPA firm.

KeithP

The parking company has up to six months to ask for the keepers details from the DVLA.
Their trade association allows them another moth to get a Notice to Keeper to the keeper.

But...

The timescales are much much shorter if they want to transfer any driver's liability to the keeper.

Redx

POFA defines it as by the keeper receiving the PCN NTK by day 15 following the incident , including 2 days for the postal service , so issued & posted by day 12 , if the claimant wishes to hold a keeper liable under POFA , so to transfer the liability from driver to keeper , providing it's their name on the V5C ( not hired , not leased , not a company vehicle )

That is for anpr capture ( or mnpr capture ) , not if a windscreen NTD PCN was issued on the day , because in that case it's between day 29 and day 56

The DVLA allow 6 months to obtain keeper details ( but nothing to do with POFA )

There is nothing illegal about parking , no laws are broken , but there may be a case for trespass

Umkomaas

If the PPC is pursuing the registered keeper under the auspices of PoFA:

ANPR capture - the Notice to Keeper (NtK) must be 'given' (delivered) within 14 days of the day following the parking event (deemed served two working days after the date of despatch). DVLA data can be accessed at any time during the 14 day period. 

Windscreen ticket - the NtK must be 'given' between days 28 and 56 of the day following the parking event.  DVLA data can only be accessed from day 28 to day 56. 

If the PPC is not pursuing under PoFA, they can access DVLA data any time up to 6 months of the parking event, then serve a NtK (to invite the registered keeper to provide them with the driver's details) within a further 4 weeks after the end of the 6 months. 

But with all of this stuff, PPCs are finding ways to squeeze the system, with the DVLA adopting a laissez faire attitude to most of their stunts!

BarryBados

Thank you all for your replies, I was assuming (perhaps wrongly) that if the NTK arrived in the above circumstances say 16 days after the parking incident you could reply to the company who are requesting the driver details that you are the `owner of the vehicle` but also refuse to give the name of the driver at the time and therefore under PoFA 2012 rules they cannot then take the keeper to County court and, as they do not have details of the driver, cannot further their case?.

So... does PoFA rules not apply in certain circumstances and the parking company can theoretically continue to take proceedings against the `keeper of the vehicle` for many months after the alleged parking matter arose irrespective of how long it takes for the NTK to be posted and therefore you have no protection from PoFA as the keeper?

Thanks again to everyone..   

Redx

They can ask for driver details at any time , the Limitations Act 1980 specifies 6 years to issue a court claim , the keeper can name the driver anytime in that 6 years providing no court claim has been issued against the keeper. Too late after a court claim pack from the CCBC in Northampton is issued

POFA is not mandatory , so many don't bother complying with it.

There is no legal requirement to name the driver

The claimant can assume that the keeper and driver are the same entity and proceed on that basis , using the balance of probabilities , to be more than 50% sure , until proven otherwise

A driver is always culpable and may have legal liability under the law , POFA does not assist a driver , but does protect a non driver keeper. Sometimes a person is both keeper and driver , so in that case POFA won't apply , if a driver is admitted or proven

BarryBados

Thank you Redx for explaining that for me...it`s all to do with my only other discussion, which you may wish to take a look at regarding a recent incident in a privately owned car park in Cornwall that I am worried about.......

BarryBados

Ah.. I remember you have already kindly given a reply on it..thanks again..

Redx

Ideally pm Soolin or Savvy and get the 2 threads merged

Coupon-mad

Yes, please don't start 2 threads about the same case.  We can't handle that on this busy board.