First Ever PCN

ikonone

Hi All, I have been up since 4am this morning reading all the posts I can on these PCN. I just wanted to check that I have understood the correct way to proceed before I do anything. Ok so the timeline is as follows. PCN recieved by post on 26/7/23, date of issue was 14/07/23. Anpr camera operated by CP Plus Ltd trading as Groupnexus claim my vehicle entered durham city retail park on 06/07/23 at 09.34 and leaving at 14.47. I pass by this retailpark 4 times a day Mon to Fri taking my wife to work a mile away.I drop her off between 9am to 9.30, and pick her up at 2.30pm every day. I often call into the B&M store on site twice on the same day, and I know that this is what has happened on this date. I didnt make a purchase at B&M on the morning, however I have taken a screenshot of my debit card being used at B&M to pay for goods on that day at 15.05 on that day,18mins after they say the anpr recorded the vehicle leaving. I have gone into B&M to speak to the manager but he was of no help.He pointed me in the direction of a small office on the retail park to speak to an employee of the park management company. He also said he counld't help as their cctv cams had been down for weeks. I am going to email B&M head office and complain, as well as the land owner who I believe is a company called Columbia Threadneedle Investments. Can anyone please advise if Ive missed anything? Thanks in advance for taking the time to look at this post.

Umkomaas

If this is a car park servicing multiple retail outlets, then it's not B&M who can cancel the charge. Look for a Managing Agent (MA) who is overseeing the whole site. If there's a 'welcome' board showing the names of all the on-site retailers at entrance to the car park, the MA's name is often shown at the foot of the board. 

YankeeBrit

Is the PCN PoFA 2012 compliant? If not, appeal as the "keeper", NOT the "driver" with this:

This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus Trick of asking for driver details to get around the fact that your NTK does not comply with POFA. As there is no keeper liability, liability cannot flow from the driver to the keeper and thus is an automatic win at POPLA. Therefore, please cancel the notice or issue a POPLA code at which point you will auto withdraw

ikonone

Small sign hidden away in corner of car park says Property Managed by workman retail With a tyneside number for emergencys. I will try to find an email address for them to request the ticket be canceled. I did last week speak to I believe one of workman retails employees on site, he fobbed me off with a tail about the cctv cameras not working for weeks, so he couldnt help with video evidence. I shall google PoFA 2012 compliant to see what im looking for on this letter I have recieved. Really appriciate people taking the time to post replys thanks guys

ikonone

YankeeBrit If I have read the rules of PCN PoFA 2012 compliant correctly, it states "Notice to keeper must be served not later than 14 days after the vehicle was parked" PCN states date of parking was 06/07/23 Date of issue of letter was 14/07/23 Letter was recieved by me via postman on 26/07/23 Being more than 14 days can they continue to pursue the matter?

Coupon-mad

Yes they can but thus is a double dip situation so just appeal angrily and TELL THEM!

YankeeBrit

ikonone said:

YankeeBrit If I have read the rules of PCN PoFA 2012 compliant correctly, it states "Notice to keeper must be served not later than 14 days after the vehicle was parked" PCN states date of parking was 06/07/23 Date of issue of letter was 14/07/23 Letter was recieved by me via postman on 26/07/23 Being more than 14 days can they continue to pursue the matter?

The NtK must have "deemed" to have arrived/delivered by the 14th day. It requires two business days to have been "deemed" to have been delivered. The 06/07/23 is day "0". So, for it to have been "deemed" to have been delivered by day 14, 20/07/23, it must have been dated no later than 18/07/23. So, in this case, it was "deemed" to have been delivered within the required 14-day period and so passes PoFA compliance in that respect.

However, is the PoFA wording compliant? In the meantime, follow the advice above by @Coupon-mad.