Don't normally do this and don't always agree with people that find loopholes however....
I have been issued a PCN. The date of the 'offence' was the 24th August and the date of the PCN being issued is the 27th September which is over 28 days.
I am going to appeal anyway as I did but a ticket but I no longer have it. I suspect the issue arose from there being 2 sets of machines at Exeter St David's and I used the one on the periphery of the car park which doesn't serve the interior (anyone from Exeter please let me know!).
If I was to appeal solely on the grounds of the notice being issued after the 28 days as stated in the traffic management act, how likely is the notice to be cancelled? |
Reply privately, Reply in forum +quote
or View forums list | |
 |
By *hunky GentMan
over a year ago
Maldon and Peterborough |
"Don't normally do this and don't always agree with people that find loopholes however....
I have been issued a PCN. The date of the 'offence' was the 24th August and the date of the PCN being issued is the 27th September which is over 28 days.
I am going to appeal anyway as I did but a ticket but I no longer have it. I suspect the issue arose from there being 2 sets of machines at Exeter St David's and I used the one on the periphery of the car park which doesn't serve the interior (anyone from Exeter please let me know!).
If I was to appeal solely on the grounds of the notice being issued after the 28 days as stated in the traffic management act, how likely is the notice to be cancelled? "
May people have had them cancelled because of the 28 day rule.
Good luck. |
Reply privately, Reply in forum +quote
or View forums list | |
Is it a private company (ie a parking charge notice) or a council one (a penalty charge notice).
Last time I got a private one, it was a notice to keeper through the post (triggered by anpr cameras). There is a specified time limit in the Protection of Freedoms act, they have to send the notice within that time, otherwise the keeper has no legal obligation to either say who was driving or pay. Most send outside of this time, as there are other legal restrictions that they like to avoid. I just replied saying as they sent the notice after the specified time, I would not be notifying them who the driver was. They then cancelled it.
Important thing is never admit you were the driver.
Different rules apply if it is a parking charge notice on the windscreen or if it is a proper council penalty charge notice |
Reply privately, Reply in forum +quote
or View forums list | |
"Don't normally do this and don't always agree with people that find loopholes however....
I have been issued a PCN. The date of the 'offence' was the 24th August and the date of the PCN being issued is the 27th September which is over 28 days.
I am going to appeal anyway as I did but a ticket but I no longer have it. I suspect the issue arose from there being 2 sets of machines at Exeter St David's and I used the one on the periphery of the car park which doesn't serve the interior (anyone from Exeter please let me know!).
If I was to appeal solely on the grounds of the notice being issued after the 28 days as stated in the traffic management act, how likely is the notice to be cancelled? "
is it 28 days or 28 working days??? |
Reply privately, Reply in forum +quote
or View forums list | |
"Don't normally do this and don't always agree with people that find loopholes however....
I have been issued a PCN. The date of the 'offence' was the 24th August and the date of the PCN being issued is the 27th September which is over 28 days.
I am going to appeal anyway as I did but a ticket but I no longer have it. I suspect the issue arose from there being 2 sets of machines at Exeter St David's and I used the one on the periphery of the car park which doesn't serve the interior (anyone from Exeter please let me know!).
If I was to appeal solely on the grounds of the notice being issued after the 28 days as stated in the traffic management act, how likely is the notice to be cancelled? is it 28 days or 28 working days???"
Ooh good point! Will go check |
Reply privately, Reply in forum +quote
or View forums list | |
"Is it a private company (ie a parking charge notice) or a council one (a penalty charge notice).
Last time I got a private one, it was a notice to keeper through the post (triggered by anpr cameras). There is a specified time limit in the Protection of Freedoms act, they have to send the notice within that time, otherwise the keeper has no legal obligation to either say who was driving or pay. Most send outside of this time, as there are other legal restrictions that they like to avoid. I just replied saying as they sent the notice after the specified time, I would not be notifying them who the driver was. They then cancelled it.
Important thing is never admit you were the driver.
Different rules apply if it is a parking charge notice on the windscreen or if it is a proper council penalty charge notice"
First one, from apcoa |
Reply privately, Reply in forum +quote
or View forums list | |
"Is it a private company (ie a parking charge notice) or a council one (a penalty charge notice).
Last time I got a private one, it was a notice to keeper through the post (triggered by anpr cameras). There is a specified time limit in the Protection of Freedoms act, they have to send the notice within that time, otherwise the keeper has no legal obligation to either say who was driving or pay. Most send outside of this time, as there are other legal restrictions that they like to avoid. I just replied saying as they sent the notice after the specified time, I would not be notifying them who the driver was. They then cancelled it.
Important thing is never admit you were the driver.
Different rules apply if it is a parking charge notice on the windscreen or if it is a proper council penalty charge notice
First one, from apcoa"
If there was no "notice to driver" (a paper stuck on the windscreen) issued, then the notice to keeper has to be delivered not later than 14 days after the vehicle was parked. |
Reply privately, Reply in forum +quote
or View forums list | |
"Is it a private company (ie a parking charge notice) or a council one (a penalty charge notice).
Last time I got a private one, it was a notice to keeper through the post (triggered by anpr cameras). There is a specified time limit in the Protection of Freedoms act, they have to send the notice within that time, otherwise the keeper has no legal obligation to either say who was driving or pay. Most send outside of this time, as there are other legal restrictions that they like to avoid. I just replied saying as they sent the notice after the specified time, I would not be notifying them who the driver was. They then cancelled it.
Important thing is never admit you were the driver.
Different rules apply if it is a parking charge notice on the windscreen or if it is a proper council penalty charge notice
First one, from apcoa
If there was no "notice to driver" (a paper stuck on the windscreen) issued, then the notice to keeper has to be delivered not later than 14 days after the vehicle was parked. "
If there was a ticket stuck on the windscreen though, the notice to keeper has to be delivered between 28 days and 56 days from when the vehicle was parked |
Reply privately, Reply in forum +quote
or View forums list | |
"Don't normally do this and don't always agree with people that find loopholes however....
I have been issued a PCN. The date of the 'offence' was the 24th August and the date of the PCN being issued is the 27th September which is over 28 days.
I am going to appeal anyway as I did but a ticket but I no longer have it. I suspect the issue arose from there being 2 sets of machines at Exeter St David's and I used the one on the periphery of the car park which doesn't serve the interior (anyone from Exeter please let me know!).
If I was to appeal solely on the grounds of the notice being issued after the 28 days as stated in the traffic management act, how likely is the notice to be cancelled? "
Massively unlikely. While the appeal is being dealt with, you shouldn't have any further consequences such as penalty increases, but there is no way they will let you off.
For councils and private companies, parking is all about making money. They have no incentive to be reasonable, fair or give anybody the benefit of the doubt. They want your money. If you have met the criteria, they will ruthlessly pursue you until they get it, even if they have to set bailiffs on you, and sadly the law is on their side. |
Reply privately, Reply in forum +quote
or View forums list | |
"Don't normally do this and don't always agree with people that find loopholes however....
I have been issued a PCN. The date of the 'offence' was the 24th August and the date of the PCN being issued is the 27th September which is over 28 days.
I am going to appeal anyway as I did but a ticket but I no longer have it. I suspect the issue arose from there being 2 sets of machines at Exeter St David's and I used the one on the periphery of the car park which doesn't serve the interior (anyone from Exeter please let me know!).
If I was to appeal solely on the grounds of the notice being issued after the 28 days as stated in the traffic management act, how likely is the notice to be cancelled?
Massively unlikely. While the appeal is being dealt with, you shouldn't have any further consequences such as penalty increases, but there is no way they will let you off.
For councils and private companies, parking is all about making money. They have no incentive to be reasonable, fair or give anybody the benefit of the doubt. They want your money. If you have met the criteria, they will ruthlessly pursue you until they get it, even if they have to set bailiffs on you, and sadly the law is on their side. "
How is the law on their side if they have not followed procedure? |
Reply privately, Reply in forum +quote
or View forums list | |
"Is it a private company (ie a parking charge notice) or a council one (a penalty charge notice).
Last time I got a private one, it was a notice to keeper through the post (triggered by anpr cameras). There is a specified time limit in the Protection of Freedoms act, they have to send the notice within that time, otherwise the keeper has no legal obligation to either say who was driving or pay. Most send outside of this time, as there are other legal restrictions that they like to avoid. I just replied saying as they sent the notice after the specified time, I would not be notifying them who the driver was. They then cancelled it.
Important thing is never admit you were the driver.
Different rules apply if it is a parking charge notice on the windscreen or if it is a proper council penalty charge notice
First one, from apcoa
If there was no "notice to driver" (a paper stuck on the windscreen) issued, then the notice to keeper has to be delivered not later than 14 days after the vehicle was parked.
If there was a ticket stuck on the windscreen though, the notice to keeper has to be delivered between 28 days and 56 days from when the vehicle was parked "
No ticket at the time. All done by anpr pictures. No time in/time out info on the notice either. |
Reply privately, Reply in forum +quote
or View forums list | |
|
By *rHotNottsMan
over a year ago
Dubai & Nottingham |
Die you lose the right to paying £35 of you appeal ? I normally just pay the council ones and ignore the private ones , they tend give up after a few years of threatening action, had maybe 10-15 over the years and have never cine close to enforcement. If they do go to court though you would need to pay before the hearing to avoid a CCJ |
Reply privately, Reply in forum +quote
or View forums list | |
Write something like
You have failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice to keeper within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.
There is no legal requirement to name the driver at the time and I will not be doing so.
Anu further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. |
Reply privately, Reply in forum +quote
or View forums list | |
"Don't normally do this and don't always agree with people that find loopholes however....
I have been issued a PCN. The date of the 'offence' was the 24th August and the date of the PCN being issued is the 27th September which is over 28 days.
I am going to appeal anyway as I did but a ticket but I no longer have it. I suspect the issue arose from there being 2 sets of machines at Exeter St David's and I used the one on the periphery of the car park which doesn't serve the interior (anyone from Exeter please let me know!).
If I was to appeal solely on the grounds of the notice being issued after the 28 days as stated in the traffic management act, how likely is the notice to be cancelled?
Massively unlikely. While the appeal is being dealt with, you shouldn't have any further consequences such as penalty increases, but there is no way they will let you off.
For councils and private companies, parking is all about making money. They have no incentive to be reasonable, fair or give anybody the benefit of the doubt. They want your money. If you have met the criteria, they will ruthlessly pursue you until they get it, even if they have to set bailiffs on you, and sadly the law is on their side.
How is the law on their side if they have not followed procedure
Massively unlikely. While the appeal is being dealt with, you shouldn't have any further consequences such as penalty increases, but there is no way they will let you off.
For councils and private companies, parking is all about making money. They have no incentive to be reasonable, fair or give anybody the benefit of the doubt. They want your money. If you have met the criteria, they will ruthlessly pursue you until they get it, even if they have to set bailiffs on you, and sadly the law is on their side.
How is the law on their side if they have not followed procedure? "
Having read more I see it's a private company. That will be easier if they haven't followed procedure. I have always managed to get out of private parking fines. It's the council who act like rottweilers. Private companies are more likely tottake the path of least resistance.
My advice is to get them to prove the case to you. Get them to prove what the law allows them to do. Get them to demonstrate you were where they say you were and what signs were displayed at that time. A photo of your car is not enough. Challenge everything, and charge them £10 administration fee for each correspondence,aand say in the event of them not winning in court, you will ask the court to award you your admin fees. The more they have to lose, the more likely they are to pick on less aggressive people instead. |
Reply privately, Reply in forum +quote
or View forums list | |
» Add a new message to this topic
