NCP Parking Charge notice received 74 days after parking incident - is that too long?

[Swift98]

Parking Charge notice received 74 days after parking incident


Hi

Can someone advise if a parking charge notice being received 74 days after the incident is enforceable?

It is an NCP car park and they clearly have NAPR photos of my car so it is a fair cop from that respect - although I have no idea whether it was me or the wife driving the car. however I sort of feel the time delay from incident to receipt of the notice is unreasonable? It is titled Parking Charge Notice to Keeper - but they don't actually mention the Protection of Freedoms Act 2012, but as the Charge uses ANPR identification does that mean the POFA automatically applies?

Thanks

[ostell]

So don't infer the possible identity of the driver, edit your post.* If they know the identity of the driver there is no time limit, apart from 6 years to bring a claim.

Is this a hire car?

To hold the keeper liable with no windscreen ticket the NTK has to be received by the registered keeper within 14 days.



*

[Swift98]

thanks for the reply - no not a hire car.

There was no windscreen ticket. Presumably I just reply and say I don't know who was driving that day and also I'm not accepting any liability as the notification was after 74 days and hence outside the 14 days statutory limit?

[ostell]

Don't even hint at who could have been driving!!

.Dear Sirs,
*
I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx
*
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.* 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


First class post with free certificate of posting from any post office.* It will probably be rejected but come back for additional help.

ANPR doesn't automatically mean POFA applies but they have to get it right in order to transfer liability from the unknown driver to the keeper.
*

[Swift98]

Brilliant! thank you.

[busy at home]

Hi SWIFT98 - too received one from start of January. Appealed it as above - duly cancelled. Clearly trying to raise some funds. Good luck.

[mattcrissbs]

Made an account and jumped on just to say this is still working! Got a letter this morning from NCP about a parking charge notice almost 3 months old - appealed almost word for word with what Ostell kindly wrote and got an email not 3 hours later wiping off the charge and closing the matter! Thanks all in the thread for the advice and helping us all out all the best everyone!!

[TogC]

Hi just to say thank you, i received a PCN from NCP. Won't go into details, but they didn't post it until 15 days after the incident and i didn't receive it until 28 days after the incident. Wasn't sure if the 14 day cut off is from when they send it or when you receive it. Clarfication on this would be good, anyway i e-mailed them using your template and the next day they e-mailed me back saying that they have cancelled the PCN. Saved me £100

[The pan]

I am having the same problem with a major parking company, but auto pay caught me out leading to many fines, as the app was not clear and hidden that auto pay with ANPR cameras only work in some car parks, and not mine obviously, but they don't state on the app homepage where you check the auto pay is on and how to use, is not obvious that it doesn't work everywhere hence loads of fines I am not sure exactly what this is called but it's some form of entrapment, no help whatsoever from parking app company as I complained, any help will be appreciated thank you

[des8]

The pan but please start your own thread

[Crate24]

Hi everyone, similar case here but PCN from Council CCTV 29days from the notice. Will the same template be suitable?
thanks

[des8]

It won't work with a council penalty charge, which is a completely different animal to a private parking charge
Suggest you post on Free Traffic Legal Advice forum (https://www.ftla.uk/index.php) where there is a great deal of advice regarding penalty charges