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NCP - PCN to Keeper

robdavies_123
robdavies_123 Posts: 8 Forumite
Sixth Anniversary First Post
edited 30 June 2023 at 5:25PM in Parking tickets, fines & parking
Hi Folks, I received a PCN from NCP yesterday(28th of June) for a parking incident on the 31st May with the notice sent on 22nd of June. I am the keeper of the vehicle. The charge is £100 but discounted(?) to £20 if paid within 14 days from notice given. A colleague told me that is unlawful because I have to be notified within 14 days of the incident? Can anyone confirm this please? Thanks
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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I would be asking your colleague what he means by 'unlawful'.  ;)

    If a Parking Charge Notice arrives with a registered keeper more than fourteen days after the parking event, then any driver's liability cannot be transferred to the keeper. For this reason, do not give away the driver's identity.

    The keeper should send NCP the already written for you blue text appeal easily found in the opening post of the NEWBIES thread.
  • robdavies_123
    robdavies_123 Posts: 8 Forumite
    Sixth Anniversary First Post
    Thanks Keith, he meant it's unenforceable & I should ignore it which I'm not going to do. Just took a quick peek at the blue template but it doesn't include anything about the 14 day thing. Is there anything pre-written that specifically addresses this? 
  • Umkomaas
    Umkomaas Posts: 44,398 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thanks Keith, he meant it's unenforceable
    He's still incorrect!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 161,434 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Is it Gatwick Airport?  Absolute CINCH to win.

    Is it a POFA worded NTK?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
     Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • robdavies_123
    robdavies_123 Posts: 8 Forumite
    Sixth Anniversary First Post
    No, it's in Cardiff. What's a POFA worded notice?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    robdavies_123 said:
    What's a POFA worded notice?
    It is a Notice that is worded in such a way that the keeper can be held liable for the driver's actions. But if the NtK is dated 22nd June and the parking event was on 31st May, then it fails to met POFA requirements anyway.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    From that Notice to Keeper...


    You have already told us that.
    Nothing has changed.
  • robdavies_123
    robdavies_123 Posts: 8 Forumite
    Sixth Anniversary First Post
    Got this from another thread, will this do?

    Dear Sirs,

    I received your Notice to Keeper ****** for vehicle VRM ******* on Wednesday 28th June 2023.

    You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

    There is no legal requirement to name the driver at the time and I will not be doing so.

    Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any debt collection companies you care to instruct.

    Yours sincerely
  • Coupon-mad
    Coupon-mad Posts: 161,434 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 29 June 2023 at 9:42PM
    Yep.  Easy innit? 

    DO NOT TICK 'DRIVER', OBVIOUSLY!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
     Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • robdavies_123
    robdavies_123 Posts: 8 Forumite
    Sixth Anniversary First Post
    Had a letter this morning, parking charge cancelled! Thanks very much for your help guys👍
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