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Legality of PCN

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  • Legality of PCN

    Driver stopped momentarily in lay-by at Southend Airport train station to drop off relative, believing it was the correct drop off for station, on 27 Nov. Received PCN NTK around 8 Dec for “”stopping on access road””. Received email on 26 Dec saying ticket contained incorrect contravention. New PCK NTK with same reference number issued on 30 Dec, and dated 30 Dec, claiming contravention was “”stopping in bus stop””. Am I correct in thinking that this PCN is illegal because it was issued 33 days after alleged contravention? Does POFA law and 14 day time limit apply equally to stopping momentarily as it does to parking? As the station in on airport land, I believe Byelaws will apply. Any advice appreciated. Thank you.
    Tags: None

  • #2

    Is This the location?Â* Definitely says the land is subject to airport byelaws and they have created a stopping space for taxis, with a space marked for airport cars (whatever that means) at the front.


    Response would be that the land is subject to byelaws and therefore only the driver at the time can be held liable and not the keeper

    Even if POFA was applicable they have failed to issue the Notice to Keeper within 14 and therefore, again, there can be no keeper liability.

    Post up a redacted copy of the NTK.Â* As normal with hinted at byelaw contraventions keep the SLOW letter ping pong going for some 6 months so that they cannot take action under the byelaws.

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    • #3
      Thank you. Yes that is the spot, on the left towards front of lay-by. The words “airport cars only” has now been overpainted with the words “bus stop” although difficult to read, as original words not blanked out. Driver thought this was drop off area as it was dark, didn’t see signs and unfamiliar with area, expected there would be a place to drop people off somewhat close to train station. Will upload PCNs later this evening. Thanks again.

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      • #4

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        • #5
          Email re incorrect contravention
          Attached Files

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          • #6
            So what did you send to them?Â* Has the driver been identified?

            IÂ* can't read the NTKs, could you repost please.

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            • #7
              Appealed the first PCN using standard appeal wording from money saving expert forum. Did not identify driver. Have not yet appealed the reissue.

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              • #8
                2 2 PCNs with same reference number. Apologies, I can’t make pics small enough to be accepted but legible.
                Last edited by Purplepenny; 11th January 2020, 21:33:PM.

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                • #9
                  Post an an external site such as imgur and link back to here

                  For the second NTK


                  Dear Sirs,

                  I have received your Notice to Keeper xxxxx for vehicle VRM xxxx

                  The land appears to be not relevant land as defined by paragraph 3 of Schedule 4 of The Protection Of Freedoms Act 2012, being subject to byelaw control. Â*You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

                  Even if it were relevant land 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 within the relevant period of 14 days as prescribed by section 9 (4) of the Act. Â*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.

                  Any 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. This includes communication from any Debt Collection companies you care to instruct.

                  Yours etc
                  Â*
                  Last edited by ostell; 11th January 2020, 22:05:PM.

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                  • #10
                    Thank you very much Ostell. Much appreciated. Here is an imgur link:Â*https://imgur.com/a/lHeIMiE

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                    • #11
                      For the first one then the same applies, ie it is byelaw land and therefore there can be no transfer of liability from the driver at the time to keeper.Â* Remind them, and send them a copy, of the email that they sent which states that the contravention was incorrect.Â* Â*With this in mind there can be be no liability incurred by the driver or the keeper for this incorrect NTK.

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                      • #12
                        Hello again. I tried to appeal online on 12 Jan (before appeal deadline on second PCN), but when I went to myparkingcharge.co.uk, I got a message saying case “settled/closed”, see photo. I assumed they’d finally accepted their mistakes and given up. But then today I got a red letter demanding Ł160. Both photos here:Â*https://imgur.com/a/lHeIMiE. Advice on best way forward/to complain, now appeal window closed, would be appreciated. Thank you.

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                        • #13
                          The appeal window is only of there own making.Â* Write to them, real paper, and show them that you had notification that the charge no longer existed, here is your proof, and as a result the failure of their system meant that you could not appeal at that time

                          Then send your appeal as outlined above.Â* You could also add that even if it were relevant land they have failed to comply with the requirements of POFA to be able to hold you, the keeper, liable.Â* Namely, but not limited to, failing to give the notice of keeper liability9 (2) (f) in the prescribed form.


                          I couldn't read it on the original scans but they have state 28 days following the day after the issue of notice.Â* It should be 28 day following the day after the date the notice is given.Â* This could be anything up to five days later

                          Possible post on here for critique before you send

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                          • #14
                            Many thanks, will do.

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                            • #15
                              ps) Alleged contravention date 27 Nov, initial PCN dated 3 Dec, amended PCN (same no) dated 30 Dec. All images here:https://imgur.com/a/pflTf1J
                              Last edited by Purplepenny; 2nd February 2020, 08:37:AM.

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