N1SDT from DCB Legal

Coupon-mad

Aroundincircles said:

I've just had my Mediation call regarding this matter.  My defence is that the PCNN was issued 17 days after the alleged contravention and my understanding is that there is a 14 day deadline, however, DCB Leal have said that as it is a private car park this does not apply.  Is this true?  I'm informed that if this goes to court and I lose I will have to pay the fine and the court costs so a bit worried now.

Of course that's technically true (badly phrased by the useless mediator) but you already know that from the NEWBIES thread. This stuff is already on the forum. The POFA schedule 4 is optional, not mandatory.

But why did you talk about your defence to the Mediator when the advice here told you not to get drawn in? Waste of time call. It's knocked your confidence such that you are even calling it a 'fine' despite the fact you know it isn't.

Aroundincircles

Ok, so having read through previous discussions regarding POFA2012 it looks like it's 14 working days i.e. days excluding weekends & bank holidays plus an assumption of a couple of days for delivery.  This would mean that the PCN was sent within the correct timescale and I should pay?

Aroundincircles

Le_Kirk said:

Aroundincircles said:

I've just had my Mediation call regarding this matter.  My defence is that the PCNN was issued 17 days after the alleged contravention and my understanding is that there is a 14 day deadline, however, DCB Leal have said that as it is a private car park this does not apply.  Is this true?  I'm informed that if this goes to court and I lose I will have to pay the fine and the court costs so a bit worried now.

Who told you that, the mediator is supposed to be neutral and the only point of mediation is to see if there is a possibility of agreeing a financial settlement!  The amount (at the moment) if you lose is usually about £212.  If you feel the mediator was overstepping the neutral point, you can complain to: -
scmreferrals@justice.gov.uk

Yes, the mediator explained that the case will now be transferred to my local court and when the papers are issued I should seek some legal advice (apparently lots of 30 minute free services around) and quoted the likely cost of losing the case.

Le_Kirk

Aroundincircles said:

Ok, so having read through previous discussions regarding POFA2012 it looks like it's 14 working days i.e. days excluding weekends & bank holidays plus an assumption of a couple of days for delivery.  This would mean that the PCN was sent within the correct timescale and I should pay?

No, there is nowhere on this forum telling you to pay.  From your subsequent post your case will be transferred to your local court where you get a chance to defend yourself with a proper, independent arbiter - a judge!  That is assuming that that DCB Legal do the usual and discontinue.

Aroundincircles

Le_Kirk said:

Aroundincircles said:

Ok, so having read through previous discussions regarding POFA2012 it looks like it's 14 working days i.e. days excluding weekends & bank holidays plus an assumption of a couple of days for delivery.  This would mean that the PCN was sent within the correct timescale and I should pay?

No, there is nowhere on this forum telling you to pay.  From your subsequent post your case will be transferred to your local court where you get a chance to defend yourself with a proper, independent arbiter - a judge!  That is assuming that that DCB Legal do the usual and discontinue.

Right, I'll sit tight and see what DCB Legal do then.  If this does get to court though I will presumably lose as I have no other defense?

Gr1pr

Your defence has already been filed so is already on record 

Dcblegal are more likely to discontinue before the hearing fee is paid 

Definitely do not pay unless a judge says so in court,  but I doubt that it will get that far

Coupon-mad

It's not working days.

kryten3000

Aroundincircles said:

Ok, so having read through previous discussions regarding POFA2012 it looks like it's 14 working days i.e. days excluding weekends & bank holidays plus an assumption of a couple of days for delivery.  This would mean that the PCN was sent within the correct timescale and I should pay?

Definitely not.  The POFA states that the notice must be given (delivered) within 14 days starting with the day after the parking event, the date of parking is day zero.  

POFA goes on to say that a notice is presumed delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

A notice posted on a Monday/Tuesday/Wednesday is deemed delivered on Wednesday/Thursday/Friday. 

A notice posted on a Thursday/Friday is deemed delivered the following Monday/Tuesday (or later if it's a Bank Holiday).

I sometimes make a calendar for use at POPLA or in court to show the timeline.  The below example shows that a PCN issued on Monday 17th February and posted on Friday 28th, Friday wasn't given until Tuesday 4th March, day 15 of 14 and therefore "out of time".  

If anyone can help me automate this, let me know.