UKCPM - vanished windscreen PCN notice in Hove

[vialli69]

Hi there

 

I read through protection of freedoms act and I couldn't find the bit regarding the PCN and delivery within 14 days. all I could find was this.

 

The landholder may apply to DVLA for vehicle keeper details under the reasonable cause provisions and send a notice to the registered keeper within 14 days of the alleged contravention (see Flowchart B)

Edited June 25, 2018 by dx100uk
format

[DragonFly1967]

In the main body of the POFA 2012. Schedule 4. Under paragraphs 7, 8 or 9 (which deals with NtD's and NtK's) it refers to "the relevant period". That 'relevant period' is defined at POFA Sch 4. Section 4(4) and again at POFA Sch 4. Section 8.2(f) for NtD's and POFA Sch 4. Section 9(5) for NtK's

[vialli69]

Thanks for that but I still can't seem to find the relevant paragraphs. All I can find is this https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/9155/guidance-unpaid-parking-charges.pdf

Can you please send me a link where i can read this ?

[vialli69]

In the main body of the POFA 2012. Schedule 4. Under paragraphs 7, 8 or 9 (which deals with NtD's and NtK's) it refers to "the relevant period". That 'relevant period' is defined at POFA Sch 4. Section 4(4) and again at POFA Sch 4. Section 8.2(f) for NtD's and POFA Sch 4. Section 9(5) for NtK's

 

Found it! Thanks

[vialli69]

In the main body of the POFA 2012. Schedule 4. Under paragraphs 7, 8 or 9 (which deals with NtD's and NtK's) it refers to "the relevant period". That 'relevant period' is defined at POFA Sch 4. Section 4(4) and again at POFA Sch 4. Section 8.2(f) for NtD's and POFA Sch 4. Section 9(5) for NtK's

 

 

Hi there, I've been reading through the POfA and I'm confused as to what is relevant to my situation

 

2012 c. 9SCHEDULE 4Paragraph 8 states that they have 28 days to post me the notification (5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

 

(6)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 “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

 

2012 c. 9SCHEDULE 4Paragraph 9 states this! which one is correct

4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

 

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

 

(6)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 “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

 

(7)When the notice is given it must be accompanied by any evidence prescribed under paragraph 10.

 

Can you help ?

[lookinforinfo]

You have to read all the words not just the sections mentioned by Dragonfly1967

-one part relates to NTD tickets, the other to ANPR .

 

If you get a ticket on your windscreen [NTD] you have 28 days to pay so they have to wait till after that before they can send a NTK if no payment has been received. And they have to send the NTK within the following 28 days.

 

With APNR they must inform the keeper within 14 days that a charge has been incurred.

[vialli69]

I had no idea i got a ticket until arrived in the post

[dx100uk]

thread title updated

 

image in post 8 hidden

 

PCN Number showing

[vialli69]

So the ticket arrives 17 days after the event ! Am I right I’m thinking they can no longer legally enforce this ?

[DragonFly1967]

I had no idea i got a ticket until arrived in the post

 

If there was no ticket on the vehicle, then they must rely on the POFA Sch 4. Section 9. Which means that a ticket must arrive with the vehicle keeper within 15 days (14 days from the day after the parking event). If it arrives 16+ days after the parking event they can only go after the driver if they can find out who that driver is/was.

 

There is no obligation (legally or morally) for the keeper to tell them who was driving the vehicle.

[lookinforinfo]

They are stuffed anyway since you have a permit to park there and have paid for the permit regardless of whether your permit was on show.

They have suffered no loss and permits take precedence over venal parking companies.

Don't waste your time or money by appealing.

[ericsbrother]

it is getting common that certain ppc's use the disappearing ticket format,

they slap a bit of paper on the car,

photograph it and then issue the NTK

and claim that the driver has been notified and now the discount period is gone.

 

It thus allows them to grab more money, make it harder for you to find the ticket/evidence of their wrongdoing as a month has passed and you didint get a warning about it.

 

I have seen their operatives working in this manner in my local B&Q car park, ticket car, photo remove ticket.

I didnt have my camera on me that day or it would be in the public domain.

 

However their crooked behaviour is immaterial as you arent going to pay as you dont owe anything anyway.

 

I had no idea i got a ticket until arrived in the post

Edited June 28, 2018 by dx100uk
spacing