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Time limit for sending PCN?

Hi all,

I have 3 PCN that arrived this morning (May 7th) which state the date of incidents were 6th, 9th and 13th February. The letter also states that the date of sending was 23rd April.... so thats a bit of a stretch already as it implies it took 2 weeks for the letters to arrive in the post.

My question is whether these should have been sent to me earlier to be valid?

If we go by their date of sending (23rd April), then it has taken over 90 days to send the first PCN, and 84 days for the latest one.

I disagree with the PCNs anyway on the grounds that I used their app to pay on the days I parked, but paid later in the day than I actually started the parking (so they are saying it is a 'partial payment' breach).

But I am thinking that the timeframe taken to send them to me is the most sensible initial response.

What are others thoughts please?



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Comments

  • Gr1pr
    Gr1pr Posts: 6,612 Forumite
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    edited 7 May 2024 at 11:09AM
    Need to know more information, like the name of the parking company, location etc, probably best to redact the oldest one and post pictures of both sides of the PCN, leaving the dates and times showing 

    Their contract with the DVLA allows them 6 months to obtain keeper details and one month to get the PCN to the keeper, which they have done, so that information answers your core question, on deadlines , its more than 210 days 
  • Umkomaas
    Umkomaas Posts: 42,865 Forumite
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    edited 7 May 2024 at 11:11AM
    Parking firms have up to 6 months from the date of the parking event to acquire the registered keeper's (RK) details from the DVLA and a further 1 month to issue the PCN. If they fail to get the PCN (NtK) to the RK within 14 days of the parking event, it only means they cannot hold the RK liable for the charge in the absence of knowing who the driver was. Your PCNs are not invalidated.

    Who is the parking firm please (NCP perhaps)?
    I disagree with the PCNs anyway on the grounds that I used their app to pay on the days I parked, but paid later in the day than I actually started the parking (so they are saying it is a 'partial payment' breach).
    Do they actually state that in their correspondence?
    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.

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  • Fruitcake
    Fruitcake Posts: 59,417 Forumite
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    edited 7 May 2024 at 11:17AM
    It also depends on whether you have received a notice to keeper, or a notice to hirer, or a reminder, or a final demand, or something else. As advised above, post redacted images of both sides of each PCN, but leave the dates showing. Make sure to redact your name, address, PCN number, and VRM. 
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  • bendeneo
    bendeneo Posts: 23 Forumite
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    Thanks guys, appreciate your comments.

    It is NCP, a rail station car park.

    Yes they mention Partial Payment in the first paragraph, but don't explain the rules around that.... and the only place where the T&Cs are shown is at the bottom of the road that leads up to the car park.... so you wouldnt walk all the way back down there and try and read it.... I guess I should see if there is anything explaining the rules around timing and partial payment.

    I have attached the front and back page of the letter. Perhaps you could have a look please?
  • Gr1pr
    Gr1pr Posts: 6,612 Forumite
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    Still not enough information, but I assume that its Manningtree station car park whilst the occupant of the vehicle used GAA trains. ?

    Ideally we would require pictures of the signs on site too 

    As long as it is the NCP station car park, use one of the prewritten keeper appeals as seen in other GAA NCP threads on here within the last 12 months, appealing each one separately using the same wording, as keeper 

    No blabbing about who was driving or about the details on the days, nothing about the payments etc

    You definitely need to get pictures of the terms and conditions for using that car park if it continues to be used, and the user needs to comply with those rules to avoid more PCNs 
  • Umkomaas
    Umkomaas Posts: 42,865 Forumite
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    'Partial Payment' suggests an overstay beyond the parking time purchased. Whatever ...

    Just appeal as per @Gr1pr's advice above. Because of the late issue of the NtK NCP cannot (nor do they attempt) to use PoFA to hold the keeper liable. Therefore, no stating who was driving. They will cancel on receipt of the right words in your appeal. Check out the one used as above, let us see your draft for a quick once-over before you email it to them. Remember, a separate appeal for each PCN. 
    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
  • bendeneo
    bendeneo Posts: 23 Forumite
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    Hi both, thanks very much again.

    So I have taken a picture of the only sign (which is 200m+ away at the beginning of the approach road to the station car park, just off the roundabout, so you wouldnt walk down there to check). Also it doesnt give that much info.

    For more context, the 'partial payment' must be meaning that if I parked at 1pm, but then didnt use the app until 4pm ('PayByPhone'), then I didnt pay the rate that would have applied at 1pm, and the rate from 4pm onwards was higher. None of that was intentional, I jump on the train, and then tend to remember to use the app for parking later.

    Therefore what they are effectively saying is "you paid £4.10, but it should have been £6.20"

    The app doesnt let you pick your start time, it just starts from the time that you log into the app.

    I did have a look in numerous threads, but I dont think I saw the wording that @Gr1pr refers to? Do either of you have it to hand please?
  • Gr1pr
    Gr1pr Posts: 6,612 Forumite
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    edited 8 May 2024 at 4:31PM
    So as I said, a GAA TOC station car park at Manningtree, not relevant land under POFA 

    On the tariff board it states that the parking time starts on entry, so although it doesn't explicitly state that the charge must be paid immediately, it would be expected and I think within 5 minutes or so , no more than 10 minutes later, UNLESS NCP allow retrospective payment, like in some of their car parks , but from your account I doubt it 

    You should look at the BPA CoP clause 13 which talks about consideration time etc. in future the driver should aim to do it ASAP, not at some considerable point in time later. The sign allows 20 minutes pickup or drop-off time, so definitely in less than 20 minutes 

    Had it been a cash payment, it would be expected just after parking 

    In any case, do not reveal who was driving and do not discuss the situation either 

    The keeper appeals as keeper using a not compliant with POFA template, as seen in other GAA NCP station threads over the last couple of years on here , like the troublemaker template I found in less than 2 minutes 

    https://forums.moneysavingexpert.com/discussion/6509786/ncp-greater-anglia-parking
  • KeithP
    KeithP Posts: 41,218 Forumite
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    edited 8 May 2024 at 4:52PM
    @Gr1pr, in this context, what does GAA stand for?

    GA = Greater Anglia, but GAA?
  • Gr1pr
    Gr1pr Posts: 6,612 Forumite
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    edited 8 May 2024 at 5:10PM
    Its a strange one, but I believe that its Area, unless its the first and last A in ANGLIA, as GAA 

    Personally I think its Area, but we do see GA and GAA being used, NCP are their preferred contractors, like SABA for TfL

    Edit 

    It seems that Abellio have the TOC contract until next year, so perhaps its Greater Anglia Abellio. ?
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