PCN and 14 day rule

pacemaker1000

How do I find out if on private land?
it’s a multi story car park

as not driver would I need pics or other info?

pacemaker1000

Any good?.?

As the keeper not the driver I contest that I am liable for this PCN.

I have also informed NCP that the received notice to keeper breeches legislation as it was delivered to me by post beyond the 14 day limit.

Date of incident 21/05/202

Date of sending notice 15/06/2022

Date received 21/06/2022

The letter is addressed to me and all references are to me. ( for example …'we have extended the discounted payment period to allow YOU time to pay.)

I consider this harassment and an illegal attempt to obtain monies from me given that as the keeper I am not responsible for the PCN.

pacemaker1000

Anyone comment as want to send asap?
thanks

KeithP

pacemaker1000 said:

Any good?.?

As the keeper not the driver I contest that I am liable for this PCN.

I have also informed NCP that the received notice to keeper breeches legislation as it was delivered to me by post beyond the 14 day limit.

Date of incident 21/05/202

Date of sending notice 15/06/2022

Date received 21/06/2022

The letter is addressed to me and all references are to me. ( for example …'we have extended the discounted payment period to allow YOU time to pay.)

I consider this harassment and an illegal attempt to obtain monies from me given that as the keeper I am not responsible for the PCN.

pacemaker1000 said:

Anyone comment as want to send asap?
thanks

Is that your proposed PoPLA appeal?

If so, I suggest it is no where near being suitable.

You need to be reading the third post of the NEWBIES thread to discover what a winning PoPLA appeal might look like. Several of them are fully  illustrated documents running to a dozen pages or more.

Please read again @Fruitcake's post on your thread Today at 2:07PM.

pacemaker1000

Thanks I’ll read again but if I’m not the driver why do I need to expand?
seems from what I’ve read that stops it in its tracks 

Coupon-mad

Yes - it would be enough normally - but what if you did accidentally choose 'driver' when you first appealed?

That's why we'd advise that you need the rest of the usual POPLA points as safety nets.

pacemaker1000

Found and adapted this from a winning case

POPLA verification code: [CENSORED]

NCP PCN Reference: [CENSORED]

Vehicle Registration Number (VRN): [CENSORED]

I, the registered keeper of this vehicle, have received a letter dated 15/05/2022 acting as a Parking Charge Notice to Keeper (NTK).

My appeal to the operator, National Car Parks Limited (NCP), was submitted and acknowledged by the operator on 24/06/2022.

I contend that I, as the keeper, am not liable for the alleged parking charge and wish to appeal against it on the following grounds:

1. NTK was received more than 14 days after the alleged incident.

2. Necessary wording for keeper liability missing on NTK.

Keeper liability was not engaged under Protection of Freedoms Act 2012 (PoFA 2012) due to NTK being sent after 14 days. PoFA 2012 schedule 4, paragraph 9 notes:

(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.

(6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so "given" for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose "working day" means any day other than a Saturday, Sunday or a public holiday in England and Wales.

The NTK by NCP notes a "Date of incident" of 21/05/2022, and "Date of sending this notice" of "15/06/2022". The difference between these two days is 25 days (excluding end date).

NCP has therefore failed to act in time for keeper liability to apply.

Necessary wording for keeper liability missing on NTK.

Keeper liability not was not engaged under PoFA 2012 due to NCP using vague wording on the NTK. PoFA 2012 schedule 4, paragraph 8 notes:

(2) The notice must—

(f) warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i) the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and

(ii) the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; 

The wording used by NCP on the NTK was:

"Please be warned: that if, after the period of 28 days beginning with the day after that on which the Notice is given the amount of the unpaid Parking Charge specified in this Notice has not been paid in full, further recovery action will be taken to secure payment."

This wording by doesn't mention who is liable nor does it transfer liability to keeper, as required by PoFA 2012.

pacemaker1000

I also think there is merit in mentioning NCP has transferred liability to me my saying in their letter I must pay the charge

Coupon-mad

Yes, but what if you chose 'driver' in the appeal?

Fruitcake

You have admitted to being the keeper, but you have not denied being the driver.

You must state in your appeal that you were not driving.