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GXS no windscreen PCN in evidence on NTK

Hey, 

I have tried searching on this thread for a similar case to mine but the thread was older than a year. 

I would appreciate some help with a private NTK received on private property. 

Received an NTK in the post today (05/09/23). GXS states on the NTK that a PCN was affixed to the windscreen, but it wasn't and the photos they used as evidence do not include a photo. 

What do you think I should do? 

Thanks. 
 




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Comments

  • Umkomaas
    Umkomaas Posts: 44,042 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 September 2023 at 3:29PM
    Just deal with it as per advice for dealing with a parking charge notice, with an initial appeal using the blue text template in the NEWBIES FAQ Announcement, first post.  It won't succeed, but at least you've gone through the initial steps of trying to resolve this, useful if they ultimately issue court proceedings. As they are IPC AOS members, the much discredited IAS second stage appeals process won't work, so we recommend not bothering with that.  Then wait to see if they issue proceedings (any time in the next 6 years). 

    In terms of the windscreen ticket - do any of their photos show a windscreen ticket applied to your vehicle (they'll have more on their website - check them out)?  While you're at it, Google 'Ghost Ticketing'!

    Is that a Blue Badge on your dashboard?

    Have you complained to the landowner and asked them to intervene to get the charge cancelled?
    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
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 5 September 2023 at 3:43PM
    As they have have failed PoFA because they didn't post the PCN/NtK by the 8th of August, you could simply write to them as the RK and say that you are under no legal obligation to name the driver and they should cancel the PCN. Wish them good luck.

    Have you tried Plan A?
  • Umkomaas
    Umkomaas Posts: 44,042 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    B789 said:
    As they have have failed PoFA because you didn't receive the PCN/NtK by the 14th day after the parking event, you could simply write to them as the RK and say that you are under no legal obligation to name the driver and they should cancel the PCN. Wish them good luck.

    Have you tried Plan A?
    As it's a (purported) windscreen ticket (Notice to Driver), the PPC have between 28 and 56 days after the parking event to access DVLA data and issue a NtK. They are within the timescale. 
    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: 157,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 September 2023 at 3:48PM
    I know that area, as I'm a West Sussex lass. Parking in Southwick is free in most places on street.  Why did you use a scammers car park?  Were the signs unclear?
    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
  • Coupon-mad
    Coupon-mad Posts: 157,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Umkomaas said:
    B789 said:
    As they have have failed PoFA because you didn't receive the PCN/NtK by the 14th day after the parking event, you could simply write to them as the RK and say that you are under no legal obligation to name the driver and they should cancel the PCN. Wish them good luck.

    Have you tried Plan A?
    As it's a (purported) windscreen ticket (Notice to Driver), the PPC have between 28 and 56 days after the parking event to access DVLA data and issue a NtK. They are within the timescale. 
    Not if there wasn't a windscreen PCN.
    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
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    B789 said:
    As they have have failed PoFA because they didn't post the PCN/NtK by the 8th of August...
    But the PPC do claim...

    ...which means they must wait four weeks before sending a NtK, doesn't it?.
  • Coupon-mad
    Coupon-mad Posts: 157,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Not if there wasn't one.
    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
  • Umkomaas
    Umkomaas Posts: 44,042 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Not if there wasn't one.
    It's why I've asked the OP to check all other photos the PPC has, and to look up ghost ticketing as well. Let's see. 
    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
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    The OP claims there was no NtD and that there is no photo of the NtD in the PPCs evidence. They can claim that they affixed a NtD but can't evidence it, therefore the NtK is not PoFA compliant.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    But if the PPC are working to their assertion that there was a NtD affixed to the windscreen, they would be silly to send a NtK within fourteen days.
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