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Excel Parking PCN

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  • Excel Parking PCN

    Hi all

    I would be very grateful for some assistance please?

    The Registered Keeper (RK) received the above Notice to Keeper (NTK), following a Notice to Driver left on screen.
    The NTK doesn't make reference to POFA - but refers to similar things it expects RK to comply with?
    Is this a failure please?

    Many thanks
    Attached Files
    Tags: None

  • #2
    Looks to me like they are not POFA compliant as the PCN shows a contravention date wheres POFA states there must be a period of parking mentioned i.e. start and end period (para. 8(2)(a) of POFA Schedule 4). There may be others but that's what springs out to me immediately without checking the criteria under POFA.

    It's also questionable whether the relevant land identified is sufficient in that there is no street name rather just a postcode.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Hi
      Thanks for this. I have also added below the NTD. NTD (1).pdf

      Comment


      • #4
        Obvious fault with the NTD is that it does not "specify ....... the period of parking to which the notice relates" (POFA 2012 Sched.4 sec7 (2) (a))
        (same as NTK)

        Stating on the notice "The period of parking to which this notice relates is the period immediately preceding the time issued as recorded above" is not specifying the period.

        Don't expect Excel or IPC will accept your appeal, but you should win if they ever initiate court proceedings

        Comment


        • #5
          Update: Excel have cancelled the ticket - folded like a deck chair following my response with your assistance. Thank you all kindly.

          Comment


          • #6
            Good to hear and thanks for updating us.
            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

            Comment

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