PCN and 14 day rule

pacemaker1000

Received a PCN today from NCP 28 days after offence.
read they have to send notification in post within 14 days if no windscreen sticker. Also an ANPR is not proof of parking.
the notice is sent to keeper with a request to supply information on who was driving as they are the ones responsible not the keeper 

This is the legislation….

4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

Coupon-mad

Kind of, yes. We know about the POFA. Some of us have been on this forum since a time before that legislation and we remember it going through.

But the PCN isn't void, because they can be issued later on a non-POFA basis. That is allowed.

All is explained in the NEWBIES thread, including how to appeal and win. See my signature for where to click and read.  Easy to win!

pacemaker1000

I’ve read the newbies and understand they can be delivered later but they void their ability to hold the keeper responsible after 14 days?
They can  request you supply the drivers details, as it is their debt not yours, but can’t enforce it by law

Coupon-mad

True.

Easy to win by appealing as keeper, then.

pacemaker1000

Just got to hope didn’t select anything in the drop down menus as some are already populated

pacemaker1000

Hi guys more help please my appeal to NCP was unsuccessful
have received a response saying the fine for incorrect payment still stands. I pointed out in my appeal about the 14 day rule but didn’t state in writing that I was the keeper not the driver. Letter says 'you' must pay so they are assuming I was?
now need to apply to POPLA so not sure how to word it. Do I just say I’m the keeper not the driver and leave it at that?
I know the driver advises that the machine was faulty as it did not provide an option to pay any other amount than what was displayed and has a witness. But consider this irrelevant as they have not been charged.

I remember on the last page I deliberately avoided selecting anything from the drop down menu to label myself as the driver but can’t remember if there was anything prior to this and bit concerned that letter says 'you' must pay and not 'the driver'

cheers

Le_Kirk

POPLA appeals are addressed on the third post of the NEWBIE sticky.  If you read the NEWBIE sticky before your appeal to NCP, you probably expected it to to be rejected.

pacemaker1000

I was expecting the rejection but thought the response would say the driver has to pay. By addressing it to me and saying you must pay they have either assumed or caught me out by populating a drop down option?

Umkomaas

You will make your opening POPLA appeal point about the delivery of the NtK being outside the PoFA timescale for keeper liability. I'm making the assumption that the vehicle isn't a company/lease/hire car?

pacemaker1000

Thanks so just fight on notice to keeper and ignore everything else?
this was what I appealed anyway and didn’t bother with other options like disproportionate charge for an underpayment of £1

here is the what I sent…..

I am distressed and upset to receive this PCN today especially as you have failed to comply in part but not restricted to the Protection of Freedoms Act legislation below

4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

I am also concerned to note that you knowingly sent this notice outside the required time frame.

Regards

Fruitcake

Use all the appeal points available to you that you will find in the third post of the NEWBIES.

This will normally include, but is not limited to,

No keeper liability - NTK failed para 9 (2( (f) of Schedule 4 of the PoFA 2012
Not the landowner (may not be applicable if NCP own the car park
No standing to issue charges in their own name (as above)
Inadequate signage
BPA CoP failures
Anything else relevant.

Get pics of the site and signage, and show us your draft before you submit your appeal.
Note that PoPLA codes last 32 days.