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PCN date on letter vs Date received

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Sian1234
Sian1234 Posts: 8 Forumite
edited 14 October 2018 at 8:28PM in Parking tickets, fines & parking
Hi All

I've read through the newbies thread and tried google...

My Husband (Vehicle keeper) received a pcn through the post (not windscreen). The date of the letter means the event would fall within the 14 days required to notify keeper- but the letter was not received until a week later...there's no stamp on the letter envelope or anything to indicate when it was sent

If it matters parking had been paid for but due to the shape of dashboard is not visible in the photos on the pcn- the ticket is now in the keepers ownership. Photos were taken with handheld camera not ANPR if this matters.

I've started using the suggested template and requested the photos of signs, but wanted to be sure I was interpreting POFA correctly (Article 9) that the keeper needed to receive the NTK within 14 days- how do we prove it?

Any help appreciated
«1

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  • Umkomaas
    Umkomaas Posts: 41,410 Forumite
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    Which parking company are we dealing with here? There's over 170 of them and there can be differences of approach - we can't guess this stuff!
    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
  • Sian1234
    Sian1234 Posts: 8 Forumite
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    Sorry it's Kernow Parking Solutions
  • Fruitcake
    Fruitcake Posts: 58,292 Forumite
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    edited 14 October 2018 at 9:29PM
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    The date of receipt is the important date. What was the actual date on the NTK please?

    Whatever the answer, send the appeal template from the NEWBIES and complain to your MP about this unregulated scam.

    Kernow haven't done court during the last 3 years. They have 6 years to start a claim, but the chances appear low at the moment.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Umkomaas
    Umkomaas Posts: 41,410 Forumite
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    Sian1234 wrote: »
    Sorry it's Kernow Parking Solutions

    Needs to be dealt with as per the NEWBIES FAQ sticky, post #1 as a starting point. But this is not a litigious outfit, so probably not going to give you long term trouble*.

    http://www.parkingappeals.info/companydata/Kernow_Parking_Solutions.html

    * Have to add this caveat. While they are not currently litigious, they do have up to 6 years to pursue you. It would take a brave man/woman to guarantee their behaviour between now and 2024. Come back (only) if you receive a formal Letter Before Claim/Action or real court papers.
    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
  • Sian1234
    Sian1234 Posts: 8 Forumite
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    Apologies, as a new user I cannot quote

    Fruitcake-
    PC date: 25/9
    Date of letter: 5/10
    Receipt: 12/10
    I've used the template, thank you

    Umkomaas-
    Thank you- I'll use the template as is
  • KeithP
    KeithP Posts: 37,743 Forumite
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    Sian1234 wrote: »
    Apologies, as a new user I cannot quote.
    As a new user you can quote - it's just that you haven't worked out how to do it yet. :D

    There are several ways.

    Just one example:
    Click on the quote icon... 2lmm0ld.jpg ...at the bottom of the post you want to quote from and edit the quoted text.
  • Fruitcake
    Fruitcake Posts: 58,292 Forumite
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    It has been known for parking scammers to deliberately take pictures from a specific angle or position to hide the fact that a ticket etcetera was actually displayed at the time.

    Whatever you do, please complain to your MP. If you believe the above is true, then add that to your complaint.

    Since I got involved with this forum, I now always take pictures of P & D tickets or BB on the dashboard when one of my cars is parked.
    I always keep the tickets as well.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Sian1234
    Sian1234 Posts: 8 Forumite
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    Fruitcake- inclined to do the same moving forward. We will be complaining to our local MP (assume it's irrelevant the ticket is related to somewhere 300 miles away?)

    So I used the template provided as the letter references POFA and uses the same wording (see below)
    hxxp://i64.tinypic.com/16l9svr.jpg

    However, this was the letter we've received back
    hxxp://i63.tinypic.com/2s1awyq.jpg

    Do we have to appeal even though what they've written seems blatantly wrong? It says POFA in massive letters at the top?
  • fisherjim
    fisherjim Posts: 6,058 Forumite
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    They look totally mixed up and trying to wriggle you into naming the driver:


    http://tinypic.com/view.php?pic=2s1awyq&s=9#.W8w231JRf4M


    http://tinypic.com/view.php?pic=16l9svr&s=9#.W8w2o1JRf4M


    As it stands they are unlikely to take this further and an IAS appeal is a waste of time anyway
  • Umkomaas
    Umkomaas Posts: 41,410 Forumite
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    In view of those conflicting messages - 'no we're not pursuing the keeper under PoFA/oh yes we are', you must make a formal complaint to the DVLA about the extremely misleading statements to you from the PPC and ask them to take action.

    Remind the DVLA that they have suspended database access for similar contraventions and ask that they do likewise with this shoddy outfit.

    https://www.whatdotheyknow.com/request/excel_parking_ban_suspended

    DVLA email:

    ccrt@dvla.gsi.gov.uk
    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
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