Had a parking charge notice in a service station.

[Steinhousemwer]

I parked in a service station some months back, I was in a rush to get to work, it was dark and I was being picked up, ive been driving up and down motorways for years and never knew you had a limited time.

Anyway, I thought I'd avoid it as I didn't see any ANPR cameras but I had a letter through. Anyone know what the time limit is for them to send you a PCN before it become invalid?

[ostell]

Re: Had a parking charge notice in a service station.

So within 14 days if no windscreen ticket otherwise between 28 and 56 days.

It doesn't become invalid, it only means that they can't claim from the keeper if they do not know the name of the driver.

Your response will be:

I am appealing your PCN xxxxx as the registered keeper of vehicle xxxxxx.

Your have failed to comply with the requirements of POFA 2012, namely, but not limited to, failing to deliver the Notice to Keeper within the prescribed time to hold the keeper liable. The only person that has any liability is the driver at the time. I will not be identifying the driver and there is no legal requirement for me to do so. As there is no liability I do not expect to hear from you again about this matter other that to confirm that there will be no further action and you have removed my personal details from your records.

[Steinhousemwer]

Re: Had a parking charge notice in a service station.

So within 14 days if no windscreen ticket otherwise between 28 and 56 days.

It doesn't become invalid, it only means that they can't claim from the keeper if they do not know the name of the driver.

Your response will be:

I am appealing your PCN xxxxx as the registered keeper of vehicle xxxxxx.

Your have failed to comply with the requirements of POFA 2012, namely, but not limited to, failing to deliver the Notice to Keeper within the prescribed time to hold the keeper liable. The only person that has any liability is the driver at the time. I will not be identifying the driver and there is no legal requirement for me to do so. As there is no liability I do not expect to hear from you again about this matter other that to confirm that there will be no further action and you have removed my personal details from your records.

Thanks for the reply! I've always been told to ignore parking charges as they will keep trying to get money out of you but in the end will give up as so many people give in and pay. I missed the first letter but I just received the second one. How likely are they to take no further action in regards to a case like this?

[ostell]

Re: Had a parking charge notice in a service station.

Ignore hasn't been the advice since 2012 when the Protection of Freedoms Act schedule 4 allowed them to claim from the keeper of the car if they did not know the driver, as long as the complied with the requirements of the regulations. They can, and will, take it to court to extract the money.

Here is POFA, As there was no windscreen ticket they have to comply with paragraph 9. No close nearly but fully comply to be able to hold the keeper liable. No naming of the driver please. They failed to get the NTK to you within the 14 days.

[Steinhousemwer]

Re: Had a parking charge notice in a service station.

Excellent, what about CCTV though could they look at that?

[ostell]

Re: Had a parking charge notice in a service station.

It's not CCTV as you understand it, it is a camera simply looking for number plates and then recording them. On one of your trips past the camera it may not have seen the number, for various reasons, and the system got confused.

Possibly missed you going out the first time and was waiting for an exit of that number, which it got on the second exit.

[Steinhousemwer]

Re: Had a parking charge notice in a service station.

No I mean, can they check cctv to see if I was the one driving the car? Or does it not matter as it's been sent over the 14 days anyway?

[ostell]

Re: Had a parking charge notice in a service station.

It is not a continuous recording, it only triggers when it senses a number plate. The focus of the picture is the number plate. Did you not get the pictures on your PCN?

Remove hints about who may have been driving. If they don't, and can't guess, who the driver is then outside the 14 days means they have no claim on the keeper.

[Steinhousemwer]

Re: Had a parking charge notice in a service station.

It is not a continuous recording, it only triggers when it senses a number plate. The focus of the picture is the number plate. Did you not get the pictures on your PCN?

Remove hints about who may have been driving. If they don't, and can't guess, who the driver is then outside the 14 days means they have no claim on the keeper.

What section of POFA does it state that there is no legal requirement for me to disclose the drivers name?

[ostell]

Re: Had a parking charge notice in a service station.

It doesn't say you are required to so the default position is that it is not required. 9 (2) (e) says that the parking company can invite the keeper to provide driver details but there is nothing in there about it being required

[Steinhousemwer]

Re: Had a parking charge notice in a service station.

Thank you for your correspondence concerning your Parking Charge Notice.
After reviewing our data and in view of the representations made in connection with its issue, we can confirm that we have decided to cancel this notice and no further action is to be taken.

Yours faithfully,

CP Plus Limited


Thank you!!!!