CPMS

Fruitcake

Follow the advice I originally gave you on the 22nd. 

If the charge has not been cancelled, then appeal the original PCN as already advised, but follow up on your complaints.

Is the PCN number the same or different to the original one? 

What is the date of sending of the second PCN?

Either way, make a second complaint to all concerned that a second PCN has been issued for the same alleged event, which I believe is not permitted.
Check what the PoFA and the IPC CoP says about this.

Please show us both redacted NTKs together in one post.

Tysernans2018

Fruitcake said:

Follow the advice I originally gave you on the 22nd. 

If the charge has not been cancelled, then appeal the original PCN as already advised, but follow up on your complaints.

Is the PCN number the same or different to the original one? 

What is the date of sending of the second PCN?

Either way, make a second complaint to all concerned that a second PCN has been issued for the same alleged event, which I believe is not permitted.
Check what the PoFA and the IPC CoP says about this.

Please show us both redacted NTKs together in one post.

Exact same PCN number

Fruitcake

Great. Two PCNs for the same alleged event. Same PCN number for events on two different days. Complain about both of them.
False data on the first, the second one is too late for the keeper to be held liable (presumed to have been delivered on the second working day after issue = 28th Feb).

Keep complaining. Appeal the first one before the appeal deadline if it isn't cancelled.

Appeal the second one as late as possible if that is cancelled. Personally, I would construct a bespoke appeal for the second one rather than use the template.

Fruitcake

You should redact your PCN numbers by the way. 

Tysernans2018

Fruitcake said:

Great. Two PCNs for the same alleged event. Same PCN number for events on two different days. Complain about both of them.
False data on the first, the second one is too late for the keeper to be held liable (presumed to have been delivered on the second working day after issue = 28th Feb).

Keep complaining. Appeal the first one before the appeal deadline if it isn't cancelled.

Appeal the second one as late as possible if that is cancelled. Personally, I would construct a bespoke appeal for the second one rather than use the template.

The first has had a complaint and an appeal, no response yet. The second received today, 3rd March.

Fruitcake

Make separate complaints to the same people/organisations exactly as before, that this latest NTK has the same PCN number as another one already received, but for alleged events on different days. Highlight the different issue dates on both NTKs but with the same dates on the images.

It cannot be right that two PCNs with identical PCN numbers can be for alleged events on different days.

Appeal the second NTK as near to the appeal deadline as possible. Keep them tied up in knots.

Tysernans2018

Fruitcake said:

Make separate complaints to the same people/organisations exactly as before, that this latest NTK has the same PCN number as another one already received, but for alleged events on different days. Highlight the different issue dates on both NTKs but with the same dates on the images.

It cannot be right that two PCNs with identical PCN numbers can be for alleged events on different days.

Appeal the second NTK as near to the appeal deadline as possible. Keep them tied up in knots.

Is it definitely 14 days from when keeper receives the NTK or 14 from when sent? I'm getting conflicting advise mate 

Fruitcake

The date of the alleged event is day zero. For keeper liability to apply, the NTK must be given (received by) the keeper by day 14 at the latest.

Fourteen days is fourteen days. However, delivery is presumed to occur on the second working day after the posting date. This is defined by the PoFA and the Interpretation Act.

I'm not sure where you are seeing conflicting information about this. 

For the second PCN: -

Date of alleged event 12th Feb = Day Zero.
Day 1 = 13th
Day 2 = 14th
...
Day 11 = 23rd
Day 12 = 24th (Thursday, day of posting, a working day)
Day 13 = 25th (Friday, first working day after posting)
Day 14 = 26th (Saturday, a non working day) [Last day for keeper liability]
Day 15 = 27th (Sunday, a non working day) [Too late for keeper liability]
Day 16 = 28th (Monday, second working day after posting) [Too late for keeper liability]

The PoFA and the Interpretation Act both assume that a NTK posted first class on the 24th will arrive on the 28th, which is the second working day after posting, 

Coupon-mad

Easy to win this because the PCN was served too late for keeper liability. 

That's why we have an appeal template in the NEWBIES thread, to stop people appealing as driver.

Tysernans2018

Coupon-mad said:

Easy to win this because the PCN was served too late for keeper liability. 

That's why we have an appeal template in the NEWBIES thread, to stop people appealing as driver.

So when I appeal this 2nd one with the blue template should I stress that the PCN arrived on March 3rd and is therefore served too late?