Excel parking DCB Legal court claim

jono78

posting on behalf of someone that received a PCN for ebbw vale - the walk. - I have seen others posting about this same parking venue

Details

Duration 17 minutes

TIme between contravention date and issue date 22 days

I understand the signs were not obvious. So far letters have been received and ignored. The key thing is the NTK was over 14 day period.

a letter of claim has been received by DCB legal ltd.

The question is, is  there need to respond with full reasons? There are 4  to dispute

1. no obligation to identify driver

2. Failure to Comply with POFA 2012

3.Potential GDPR Breach - due to not complying with above as it's passed 14 days

4.Inadequate signage

A full page reponse has been drafted which is 2 sides of a4.

Looking to respond with email and post

Fruitcake

Which PPC?

What happened when the keeper executed Plan A, a complaint to the landowner and the keeper's MP? That is always Plan A, and it is never too late to do so.

Why didn't the keeper appeal, especially as the NTK was not PoFA compliant? The advice to ignore has not been given here since the law changed 14 years ago.

1) Correct
2) The PPC is not required to comply with the PoFA (although they can't hold the keeper liable if they don't)
3) Irrelevant. There is no legal requirement to issue a PCN by day 14. Indeed, they have seven months to do so.
4) Does the defendant have photographic proof of this)

I suggest the keeper enacts Plan A, and responds to the LoC as per the guide to court in the sticky Announcement for NEWBIES, and as per the advice in the Template Defence sticky Announcement that includes a twelve step guide.
The keeper should also obtain photos of the site and signage in readiness for the inevitable court claim, and thoroughly familiarise themselves with the advice in the stick Announcements mentioned above.

jono78

>Why didn't the keeper appeal, especially as the NTK was not PoFA compliant? The advice to ignore has not been given here since the law changed 14 years ago.

Because was advised by other sites (consumer action group - give different advice)

PPC? excel parking?

jono78

Is this not true?

statutory conditions of Schedule 4 of the Protection of Freedoms Act 2012 (POFA), which is required to hold the registered keeper liable for any alleged parking charges. In particular, the Notice to Keeper was issued beyond the mandatory 14-day period following the date of the alleged parking event, as required by Paragraph 9(4) of POFA.

LDast

It matters not one iota what drew you actually received the NtK unless you can prove it. What matters is the actual date of the alleged parking contravention and the date the NtK is "deemed" to have been given which is two working days after the date the NtK was issued.

So, count the number of days between the date of the event and the date the NtK was issued. Add two working days plus any non working days from the issue date and you have the number of days the NtK is deemed to have been given.

Now, as you've not show us any dates, do the maths and tell us the answer.

jono78

How does one find the landowner? I notice it is  close to the argos store

jono78

It matters not one iota what drew you actually received the NtK unless you can prove it. What matters is the actual date of the alleged parking contravention and the date the NtK is "deemed" to have been given which is two working days after the date the NtK was issued.

alleged contravention date : 24/06/2024

Issue date(posted) 16/07/2024

Fruitcake

jono78 said:

Is this not true?

statutory conditions of Schedule 4 of the Protection of Freedoms Act 2012 (POFA), which is required to hold the registered keeper liable for any alleged parking charges. In particular, the Notice to Keeper was issued beyond the mandatory 14-day period following the date of the alleged parking event, as required by Paragraph 9(4) of POFA.

It doesn't matter. The PPC does not have to follow the PoFA if they don't want to. They can state that they (and knowing Excel, probably will) "make the reasonable assumption that the driver was the keeper" and therefore the PoFA is irrelevant.

This does not affect whether the NTK is or is not PoFA compliant, but they may (probably will) say the PoFA is irrelevant and (try to) hold the driver liable.

LDast

So, 24th June to 18th July. The latest they could have posted it to be within the 14 day deadline was 4th July. So, they posted it 12 days too late and therefore the NtK is not compliant with PoFA and so the Keeper cannot be liable unless they admit to being the driver.

jono78

Definately a lot of people have had the same with this paticular car park

https://forums.moneysavingexpert.com/search?domain=all_content&query=excel parking ebbw vale&scope=site&source=community

jono78

Fruitcake said:

jono78 said:

Is this not true?

statutory conditions of Schedule 4 of the Protection of Freedoms Act 2012 (POFA), which is required to hold the registered keeper liable for any alleged parking charges. In particular, the Notice to Keeper was issued beyond the mandatory 14-day period following the date of the alleged parking event, as required by Paragraph 9(4) of POFA.

It doesn't matter. The PPC does not have to follow the PoFA if they don't want to. They can state that they (and knowing Excel, probably will) "make the reasonable assumption that the driver was the keeper" and therefore the PoFA is irrelevant.

This does not affect whether the NTK is or is not PoFA compliant, but they may (probably will) say the PoFA is irrelevant and (try to) hold the driver liable.

Private parking providers are not required to comply with Schedule 4 of the Protection of Freedoms Act 2012 (POFA), but if they want to hold the vehicle's registered keeper liable for a parking charge (in cases where they can't identify the driver), they must comply with it.

• Keeper Liability: Under POFA 2012, Schedule 4 allows parking operators to pursue the vehicle's registered keeper for unpaid parking charges, but only if they follow specific requirements. These include timelines for sending notices, the content of the notice, and ensuring proper signage.

• Non-Compliance: If the parking provider does not comply with POFA, they can still pursue the driver directly, but they lose the legal right to pursue the keeper if the driver's identity is unknown.