Civil Enforcement (KFC car park) **CANCELLED**

[MrNumbskull]

I have received a NTK, I was not the driver. In answer to the stickies questions:

 

1. 24/05/2016

 

2. 20/06/2017 (27 days after incident by my calculation)

 

3. 22/06/2016 (posted second class)

 

4. No

 

5. Yes (but you cannot see anything of the car park, only the car)

 

6. No

 

7. Civil Enforcement (Liverpool)

 

 

My partner and her friends all received the same notice on the same day (3 drivers and 3 cars). They had all met at a KFC in Christchurch, Dorset for lunch and were in the restaurant the whole time. They have exceeded the allowed time of 75 minutes - looks like they were in there for about 110 minutes.

 

One of them has since been back to the car park and tells me that it is 'plastered' in signs which all three of them insist were not there at the time of the infringement. (I do not know if there were any signs at all, or just not clearly visible and obvious).

 

Thanks.

Edited July 3, 2016 by MrNumbskull
Additional info

[Guest]

can you post up a street view link of where they parked for an eg.

[MrNumbskull]

Street View

[Guest]

ok, actually in a kfc car park. street view is may 2015.

there is a sign there, but cant read it. but it seems rubbish. are there further signs now.

the guys will be along.

[MrNumbskull]

I haven't been down there myself so don't know what the signs look like in comparison now. I was wondering if the fact that the NTK was received well beyond 14 days makes it unenforceable anyway?

[Guest]

possibly. are you able to scan up the notice, less any identifiables. the advice may be to ignore the notice.

it doesnt look like there's any contractual obligation.

anyway, see what the guys say.

[MrNumbskull]

PCN01.pdf

That's all, nothing on the reverse.

[zydeco]

Well, the ntk is out of time to create keeper liability and that notice is so pofa non compliant it's laughable.

[MrNumbskull]

Well, the ntk is out of time to create keeper liability and that notice is so pofa non compliant it's laughable.

Am I to understand then that these invoices must be PoFA compliant regardless? It does appear to be clear from reading the relevant bits of legislation that where a NTD has not been given (ticket on windscreen), that a NTK must be sent within 14 days of the infringement, which if I am correct, makes this void.

 

I'd appreciate if someone could advise on whether to ignore or write a very short letter? I would prefer to ignore and allow them to continue with empty threats as it'll provide some amusement and waste their time.

[renegadeimp]

Yes. You can wrote a letter but it needs specific wording. Have a search of this forum and you'll find multiple examples

[MrNumbskull]

I am going to wrote a brief letter so that they know I have acknowledged (and dealt with) the notice:

 

===================================================================================================================

 

Re: PCN xxxxxxxxx

 

 

Dear Sir / Madam,

 

As the registered keeper of the vehicle referenced in the above Parking Charge Notice, I draw to your attention the failure of said notice to comply with The Protection of Freedoms Act (2012).

 

I was not the driver at the time of the alleged infringement, and do not have any obligation to name the driver.

 

This letter is a final response, and any continued pursuit or harassment in respect of this matter will be dealt with accordingly.

 

===================================================================================================================

 

I'm probably going to take out the middle sentence as the 14 days have passed and this is irrelevant? Comments?

[ericsbrother]

CEL are the least honest operators and dont give a stuff about the rules or the law in general. Your letter is fine, it makes the 2 relevant points that means any continued action by them will result in a possible claim against them. They will still try and get money out of you by passing the matter on to one of their sister companies.

[MrNumbskull]

Just an update to say that I had a response from Civil Enforcement today, notifying me of cancellation of the charge. I had used the PoFA argument where I wouldn't name the driver and the NTK was outside 14 days

[Guest]

[renegadeimp]

This companie and all PPC's needed to be reigned in. But that wont happen given who the owners of the largest PPC are.

[ericsbrother]

good, they obviously want to keep their remaining few clients onside.

[MrNumbskull]

And just to add - thanks for all the help!

[dx100uk]

well done

 

 

dx

 

 

 

 

 

 

 

 

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