NCP PCN - Need some assistance

Kayne

Hi All,

Been a while since I've had to do this and advise and process has changed a lot in the years since I did it last.

I've got a PCN through and want to check what my correct process should be. The date of incident is from May and the PCN only got sent this month. Does this change what I need to do in order to appeal?

I'd hate to get this wrong and I know there's lots of info here but having read through it I'm unsure of my best course of action, My understanding is I can challenge on POFA due to the timescales but I'm not sure if that changes anything or I just use the standard template from the forum.

Thanks in Advance

Kayne

Additionally can I check if the details for the BPS and DVLA are still valid - should we send direct to this emails or use the form via the BPA website 
steve.c@britishparking.co.uk

additionally do we use this email for the DVLA complaint 
elizabeth.symons@dvla.gsi.gov.uk

or these ones that are listed elswhere in the guides: 
CCRT@dvla.gov.uk
KADOEservice.support@dvla.gov.uk
complaintsTeam@dvla.gov.uk

The PCN is not compliant with POFA as I mentioned as the NTK is well beyond the "relevant period" as set out in the act so I'm sending complaints to the BPA and DVLA alongside one to the company who the car park is for. 

KeithP

People move on. The first two email addresses you mention are no longer appropriate.

Kayne

Thanks KeithP - will use the new details from the Newbie Thread.

 I'm a little confused over the POFA situation. Per the quote below from the thread it says they dont have to allege keeper liability under POFA - does this mean if they dont have the actual act mentioned you can't appeal on the basis they breached it?

NEWBIE Thread said:

If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to!) the a postal PCN must arrive by day 14 if there was no windscreen ticket..

Coupon-mad

They haven't breached it.

They just haven't USED it.

Their bad.

So obviously the keeper wins!  It constantly amazes me that posters can't immediately see this is a straight win for the keeper.

A late PCN = happy days!  Easy win.

Kayne

Coupon-mad said:

They haven't breached it.

They just haven't USED it.

Their bad.

So obviously the keeper wins!  It constantly amazes me that posters can't immediately see this is a straight win for the keeper.

A late PCN = happy days!  Easy win.

Thanks Coupon-Mad its not easy trying to work out what applies and what doesn't when there is so much information. Hence needing to ask questions to get things right first time and not end up in a mess. On this basis other than complaining to BPA, DVLA etc do I send the usual appeal template and mention POFA (or lack thereof) ? 

It is still unclear though, do they specifically have to have "Protection of Freedoms Act 2012" mentioned in the NTK or does that not matter and they are still bound by it regardless?

Coupon-mad

Of course they don't have to use the POFA. The NEWBIES thread states exactly this, and why that means non-POFA NTKs are great!

They are not bound by a law they are not using.

But the point is - NOR ARE YOU.

Kayne

Ok so on that basis if I use the standard initial appeal template and add this to the bottom will that be enough at this stage? 


Under the terms of the Protection of Freedoms Act 2012 there is no keeper liability in this case as under paragraph 9 sub-paragraph 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." and as the Notice to Keeper is outside of this period keeper liability does not apply. 

B789

Just to try and clarify for the OP...

If the NtK has (1) the correct wording for PoFA AND has been (2) dated in time for the NtK to have been deemed to have been delivered within 14 days of the parking event, then the RK can be held liable.

If either (1) or (2) of the above items is not the case, then the RK cannot be held liable. As long as the driver's identity is not revealed, then the PPC has nowhere to run.

Kayne

B789 said:

Just to try and clarify for the OP...

If the NtK has (1) the correct wording for PoFA AND has been (2) dated in time for the NtK to have been deemed to have been delivered within 14 days of the parking event, then the RK can be held liable.

If either (1) or (2) of the above items is not the case, then the RK cannot be held liable. As long as the driver's identity is not revealed, then the PPC has nowhere to run.

Perfect, the wording that's mentioned in the actual schedule for POFA (https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted)  is present i.e invite to pay, they dont know the driver etc, no actual mention of POFA and I think 10 years ago when I last had cause to do this they did specifically mention it which was what I was trying to figure out if they had to cite it rather than just use the relevant wording.

But obviously the NTK is past 14 days. So keeper liability cannot be used.  Off to appeal we go

B789

I'm not 100% sure but I think that just having the wording is not enough. It should reference PoFA 2012 and the specific Schedule and which paragraphs it relies on. Either way, they have failed to fully comply with PoFA and so you appeal as the RK noting that liability cannot be transferred to you.

Have you tried Plan A? COmplaint to the landowner and a request to your MP for intervention?