Time limit for sending PCN?

LDast

All this discussion when all the OP has to do to get these cancelled is appeal with the following wording (Verbatim):

I am the registered keeper. NCP cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control. As a matter of fact and law, NCP will be well aware that they cannot use the PoFA provisions because the car park at Manningtree Station is not 'relevant land'.

If Greater Anglia wanted to hold owners or keepers liable under Railway Byelaws, that would be within the landowner's gift and another matter entirely. However, not only is that not pleaded, it is also not legally possible because NCP is not the landowner and your 'parking charge' is not and never attempts to be a penalty. It is created for NCP's own profit (as opposed to a byelaws penalty that goes to the public purse) and NCP has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NTK can only hold the driver liable. NCP have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

bendeneo

Thanks again.

Am I right in saying it is simply this part below?:

"I appeal as keeper.  I am not obliged to identify the driver and I decline to do so.  You cannot transfer the driver's liability (if any) to me as keeper because the location in question is excluded from the definition of 'relevant land' in paragraph 3 of Schedule 4 to the Protection of Freedoms Act 2012 ('POFA').

Furthermore, even if (which is not the case) the location is relevant land, your PCN is not POFA-compliant because (without limitation) it was delivered after the end of the 'relevant period' as defined in POFA paragraph 9 and does not contain the mandatory wording required by that paragraph.

I require you to cancel the PCN or issue a POPLA Code so that POPLA can order you to cancel it. "

And essentially paste that into the online appeal system each time?

NB - I see there is a longer version that talks about sending a Subject Access Request, but am guessing that the above 3 paragraph response is the best first response?

Thanks for all the help.

KeithP

@bendeneo, did you see the solution that @LDast kindly posted for you yesterday evening?

bendeneo

Oh... thanks @KeithP, for some reason I didnt notice that one! I think it must have been on 'page 2' of the comments and I didnt click to next page.

Thanks @LDast  my apologies for not seeing your response! Thanks very much for sending to me.

bendeneo

Hi all,

I forgot to come back on here and let you know what happened.... I used the wording from LDast, and the outcome... was that the fines were cancelled.

Thanks very much for all the help and advice.

Coupon-mad

bendeneo said:

Hi all,

I forgot to come back on here and let you know what happened.... I used the wording from LDast, and the outcome... was that the fines were cancelled.

Thanks very much for all the help and advice.

You had no fines.  But yay, well done!