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Name the driver - reset the clock?

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  • Upsidedowner
    Upsidedowner Posts: 23 Forumite
    edited 27 March 2018 at 4:26PM
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    Apologies - I've just re-read and found this:

    A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so ;given; for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose ; means any day other than a Saturday, Sunday or a public holiday in England and Wales.

    Which I think means their dates are out by a day.
    Actually 3/4 days as they issued on a Friday - so I exclude the Saturday 17th and Sunday 18th.

    Hope that's the case - I think Ive answered my own question.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Yes, they are of course out by a day
    They have to specify date given, not one day after date issued. This means they have not complied with POFA and cannot hold the keeper liable

    This of course does not mean the driver isnt liable, but the keeper cannot be.
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    They are more than a day out, the real timeline runs from the day after a NTK is served, which is later than you are calculating. Could be anything between 2 days and a week out.
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  • Upsidedowner
    Upsidedowner Posts: 23 Forumite
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    Yup! Thank you - Think I have my head round it now. Just putting together a deliciously stroppy response to break the good news to them.
  • Upsidedowner
    Upsidedowner Posts: 23 Forumite
    edited 22 April 2018 at 9:21PM
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    A claim has now been issued by Excel. I've acknowledged service and got my extra time to prepare the defence. I'm working my way through that.

    I have a question - on the same site where this ticket was issued. A marked police car has been given a PCN (attending a call on the site) he is appealing the ticket and tweeted about it. ' #AnprIsntAlwaysGreat..' .................. It made local press. Is their any mileage in bringing it to the attention of the judge? (defence or witness statement if more appropriate?) Or complete waste of time/irrelevant ?

    (Our local MP has mentioned her backing for the new regulations being discussed in parliament too)

    http://www.thenorthernecho.co.uk/news/15804805.Police_car_slapped_with___100_parking_fine___officer_was_trying_to_find_suspected_self_harmer/
  • Umkomaas
    Umkomaas Posts: 41,354 Forumite
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    A marked police car has been given a PCN (attending a call on the site) he is appealing the ticket and tweeted about it. '
    And you just know that the IAS s going to turn down any appeal. Hopefully another nail in their coffin - set in the context of Sir Greg Knight!
    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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  • Upsidedowner
    Upsidedowner Posts: 23 Forumite
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    I just love the address 'Durham Constabulary' ..... and the fact no one thought not to send it out ..... (head meets desk).
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    Upsidedowner wrote: »
    A claim has now been issued by Excel. I've acknowledged service and got my extra time to prepare the defence. I'm working my way through that.

    I have a question - on the same site where this ticket was issued. A marked police car has been given a PCN (attending a call on the site) he is appealing the ticket and tweeted about it. ' #AnprIsntAlwaysGreat..' .................. It made local press. Is their any mileage in bringing it to the attention of the judge? (defence or witness statement if more appropriate?) Or complete waste of time/irrelevant ?

    (Our local MP has mentioned her backing for the new regulations being discussed in parliament too)

    http://www.thenorthernecho.co.uk/news/15804805.Police_car_slapped_with___100_parking_fine___officer_was_trying_to_find_suspected_self_harmer/

    UNREAL ...... EXCEL really are a bunch of uncouth
    w**k*rs ... mentality of a complete moron
  • Rumpole93
    Rumpole93 Posts: 13 Forumite
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    I'm getting that way. Feel like I'm being hounded!!!!
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    Upsidedowner wrote: »
    A claim has now been issued by Excel. I've acknowledged service and got my extra time to prepare the defence. I'm working my way through that.

    I have a question - on the same site where this ticket was issued. A marked police car has been given a PCN (attending a call on the site) he is appealing the ticket and tweeted about it. ' #AnprIsntAlwaysGreat..' .................. It made local press. Is their any mileage in bringing it to the attention of the judge? (defence or witness statement if more appropriate?) Or complete waste of time/irrelevant ?

    (Our local MP has mentioned her backing for the new regulations being discussed in parliament too)

    http://www.thenorthernecho.co.uk/news/15804805.Police_car_slapped_with___100_parking_fine___officer_was_trying_to_find_suspected_self_harmer/
    Yes mention it in your WS and put the newspaper report in as evidence along with everything else.

    There are recent ANPR defences on here that deal with the ICO issue as well, the fact that PPCs do not comply with the ICO code of practice on ANPR use, and fail to tell victims about their right to subject access and fail to carry out Impact Assessments (making the operation illegal):

    http://www.britishparking.co.uk/News/excessive-use-of-anpr-cameras-for-enforcement

    The ICO said (ironically when banning a Police Constabulary from using ANPR):

    ''The use of ANPR cameras and other forms of surveillance must be proportionate to the problem it is trying to address.''

    Here is what they should do:

    https://ico.org.uk/media/for-organisations/documents/1542/cctv-code-of-practice.pdf

    Anyway, you can find a pre-written defence point covering that, using keywords ICO ANPR defence or similar.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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