UKPC PCN Wrong registration.

[Peanutsear]

In between this was received and was not seen/opened. This has not been replied to.
But its the same date and Location.

[ostell]

Same out of time letter

[Peanutsear]

It will get sent this weekend.
We have done the last one via their online appeals thingy which takes up to 35 days for a written reply.

I will post an update once a reply is received and see why comes back from DVLA in the meantime.

Thanks again for the advice.. Its much appreciated.

[Peanutsear]

A red notification letter has been received today in relation to reference 3 which is the one not yet replied to. This is not a concerned as the 42 days for a response has not yet lapsed.

The reply as discussed will be as per your suggestion.

Just one question before it goes in. Should it be pointed out they are trying to issue 2 fines for the same incident or just run them as two appeals?

Thoughts were that it may get them to drop one of them immediately and just leave one to appeal. Or does it help having two for any future POPLA appeal to highlight the errors made.

Cheers

[ostell]

I think it would complicate matter at the moment to point that out. I believe they are treating it as three separate incidents even though it wasn't It will need pointing out if it goes any further. Someone in the office may have thought that as there was a windscreen ticket, albeit invorrect, then they have up till day 56 to get the NTK to you.

Be interesting to see what the DVLA has to say.

[Peanutsear]

Lovely they wil get it sorted this weekend.

Thanks again. Will get back to you when there is an update.

[Peanutsear]

Good morning we have a reply to the 1st challenge.

Still nothing back from the DVLA info request yet though.

This dropped in today again asking for driver to be named.

[ostell]

They have realised they are losing against the keeper. There only hope of winning is against the driver. There is no legal requirement to identify the driver.

Just sit and wait to see what their next move will be.

[Peanutsear]

Lovely.

I will pass the message on.

Cheers again

[Peanutsear]

The keeper has had a letter confirming one of the tickets has been cancelled.
It's 'reference 3' referred to in this thread whereby it was issued off the back off CCTV.


Still awaiting a response regarding the original one after a 2nd invitation from the firm, to ID the driver to assist them.

To be continued.......

[charitynjw]

........... after a 2nd invitation from the firm, to ID the driver to assist them.

As my old mam used to say, God loves a trier!

[charitynjw]

If I'm understanding this correctly (defective notice to driver, so void...therefore the parking co can only rely on the (late) postal PCN?), I reckon it works like this:-

Protection of Freedoms Act 2012 Schedule 4, section 7 Notice to driver (windscreen PCN)

7(1)A notice which is to be relied on as a notice to driver for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must—

(a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;



It doesn't, thus rendering the NtD defective/void.



It then follows that, by virtue of section 6, any further postal PCN is also void.


6(1) The second condition is that the creditor (or a person acting for or on behalf of the creditor)—

(a )has given a notice to driver in accordance with paragraph 7, ............etc

So if the windscreen PCN (NtD) is defective, subsequent postal PCNs are void?

(It would be 'timed out' under section 9 postal PCN anyway)


No wonder they're so keen to try & get you guys to 'out' the driver!

Anyway, that's my 'take' on it, but I'll link to PoFA (below) for you to have a look.

http://www.legislation.gov.uk/ukpga/...dule/4/enacted

[Peanutsear]

Yep 1 down. 1 to get sctratched off their list.

The help throughout has been brilliant and your take sounds good to me.

Ill post an update once they have decided what to do. There is a lot of top info on here if it needs challenging with POPLA at a later stage.

Thanks everyone.

[Peanutsear]

Morning.

The original parking invoice, wrong reg on windscreen has been squashed.

UKPC 0 Legal beagles 2.

Thanks so much for the advice and suggestions throughout this challenge.
Good people with good knowledge is a fair review.

I will recommend this forum in the future.

Cheers

[charitynjw]

Fantastic!

(They don't like it up'em, Capt. Mannering!!)