CPMS

Tysernans2018

Fruitcake said:

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, 

Great info mate, thank you, I really do appreciate it. Think I'll quote all this in my 2nd complaint to them, cheers pal  

KeithP

Tysernans2018 said:

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? 

It is only served too late to be able to transfer any driver's liability to the keeper.
You may need to spell that out.

It is not otherwise too late.

Tysernans2018

KeithP said:

Tysernans2018 said:

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? 

It is only served too late to be able to transfer any driver's liability to the keeper.
You may need to spell that out.

It is not otherwise too late.

Thanks @KeithP

Fruitcake

Just to remind everyone that this is an unusual case, with two PCNs having identical PCN numbers.

The first PCN has the date of the alleged event being the day before the date on the photo "evidence."

The second PCN has the date of alleged event being the same as the date on the photo "evidence", but given too late for keeper liability to apply.

The PPC has re-issued the initial PCN in order to get a second bite at the cherry. 

Fruitcake

Tysernans2018 said:

Fruitcake said:

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, 

Great info mate, thank you, I really do appreciate it. Think I'll quote all this in my 2nd complaint to them, cheers pal  

Tread carefully. Don't show your hand too soon.

At this stage I would just say in your complaints that the NTK appears to be a duplicate of one already received with the same PCN number, but with different dates of the alleged event. Both dates cannot be correct, so this is a cynical attempt by the PPC to obtain monies using contradictory information.
If they consider it to be a different PCN, then just state that the alleged second NTK was given too late for keeper liability to apply.

Make sure you use the word I have highlighted.

Coupon-mad

And don't write anything that implies who was driving.  No 'I parked' or similar slips.

dcblbeaten

cpms dont lose in court so best just paying up

Coupon-mad

dcblbeaten said:

cpms dont lose in court

We disagree.

We've beaten every parking firm and have a 99% win rate on the forum.

Why are you telling so many new people to pay IPC firms?

Fruitcake

dcblbeaten said:

cpms dont lose in court so best just paying up

What has court got to do with anything? The OP is still at the complaints stage and not even reached the initial appeal stage yet.

Tysernans2018

@Fruitcake @Coupon-mad
**UPDATE**

Reply for the 1st PCN issued11/02/2022.

Dear XXXXXXXXXX

 Re: Parking Charge Notice Number XXXXXXX
 (Vehicle: XXXXXXX) Site: Lowry wharf Issue date: 16/02/2022.
 Thank you for your appeal received on 23/02/2022 regarding the above detailed Parking Charge Notice. We have reviewed the case and considered the comments that you have made. This appeal has been considered in conjunction with the evidence gathered by the parking attendant. Our records show that the notice was correctly issued as your vehicle was parked in breach of the Terms and Conditions of Parking. We are therefore unable to cancel the Parking Charge Notice as it was issued correctly. We have now extended the discounted payment period by 14 days to allow you time to pay the discounted settlement amount. Please now make payment of £60 to reach us by 23/03/2022 or £100 to reach us by 06/04/2022. We must advise you that once the discounted settlement rate passes it will not be offered again. Parking on this site is on an allocated basis only, you must only park in your own allocated bay, if you cannot park in your own allocated bay for any reason you must contact ourselves on the details provided, your vehicle was in someone else’s bay and therefore in breach of the terms advertised. The rest of your appeal is outdated. Please DO NOT send cash through the post. Call the automated payment line on 0344 848 1410. Payments can also be made via Internet banking - sort code 40-46-32 Account number 81884751 quoting your charge number as reference, or by postal order. Please ensure you write your Parking Charge Notice number clearly on the reverse. If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). In order to appeal you will need your parking charge number, your vehicle registration and the date the charge was originally issued. Appeals must be submitted to the IAS within 21 days of the date of this letter. please visit www.theias.org for full details. Please note you cannot appeal to the IAS at the reduced rate. Yours sincerely, Appeals Department Car Park Management Services