CEL PCN outside 14 day timescale. -won

[JaySanctuary]

Hi there, I have received a PCN from the company Civil Enforcement dated 22/12 incident date 05/12. I have read about the Notice to Keeper having to be within 14 days, does this class as a notice to keeper and do I have grounds to appeal on this basis? If so any advice on the letter to send would be greatly appreciated!
I can see on other replies it is stated to say the driver did not see any signs, if one was next to where parked would this matter?
Also I see CEL accept email appeals, would this be less effective than a letter?

Thank you in advance!

Jason

[ostell]

Re: CEL PCN outside 14 day timescale.

If there was no notice on the windscreen then yes they have to send the NTK within 14 days to comply with POFA. However they may not be relying on POFA and using the "reasonable assumption that the keeper was driving" excuse.

If they are attempting to use POFA then you can write back to them and tell them that they have failed in their attempts hold the keeper liable and take the matter up with the driver. They have to comply with ALL the terms in paragraph 9 of POFA Keep the letter short and to the point and do not identify who was driving. Plenty of examples if you look around.

[JaySanctuary]

Re: CEL PCN outside 14 day timescale.

Thanks for the reply there was nothing on the windshield, is there a way for me to establish if they are using pofa or reasonable assumption?

[ostell]

Re: CEL PCN outside 14 day timescale.

Just have to read the NTK. Does it mention POFA at all ?

[mystery1]

Re: CEL PCN outside 14 day timescale.

The "reasonable assumption" usually is the excuse for failing PoFA and is essentially a con designed to fool the unwary. Put it this way, why bring in PoFA if all it took was a "reasonable assumption" ? It's utter shite as was seen in a Scottish court. http://www.thecourier.co.uk/news/loc...-case-1.884606


Keep the driver identity quiet.

As well as appealing she should speak to the MANAGER of the store(s) and/or retail centre.


Dear Sirs,


I, as registered keeper, wish to invoke your appeals procedure. The driver did not see any signs and was a genuine customer.


It is noted that your notice to keeper is fundamentally flawed when compared to PoFA 2102 schedule 4 para 9.

Should you reject my appeal please supply a popla code.

Yours etc



Only use the bit in red if true delete if not.

If/when you get a popla code please let me know.



M1

[JaySanctuary]

Re: CEL PCN outside 14 day timescale.

Thanks guys I posted it recorded delivery today! Fingers crossed. I'm worried though because I know I overstayed again between those dates and its genuinely due to the fact I thought the car park was free after 6, this one is only by about 10 minutes Max but could they issue two within the same few weeks?

[mystery1]

Re: CEL PCN outside 14 day timescale.

If you get another one don't waste money on post.

Can I send my appeal by email?
The appeals department does accept appeals via email:appeals@ce-service.co.uk

M1

[JaySanctuary]

Re: CEL PCN outside 14 day timescale.

Finally got a response when I arrived home saying your appeal has been unsuccessful and now have my popla code too, which states if rejected I will lose the right to pay the reduced rate, could you help with the next steps please? Thank you

[mystery1]

Re: CEL PCN outside 14 day timescale.

http://parking-prankster.blogspot.co...a-process.html

jaysanctuarypopla.rtf

If they don't know the drivers identity they can't win.

M1

[JaySanctuary]

Re: CEL PCN outside 14 day timescale.

Thank you Mystery do I need to delete any of that if it does not apply or just send it as a whole and attach my original letter I received as proof?

[mystery1]

Re: CEL PCN outside 14 day timescale.

If something doesn't apply, yes, but i think it all applies, no ?

M1

[JaySanctuary]

Re: CEL PCN outside 14 day timescale.

I think it does I'm just not 100% certain on the sign colour, I'm sure it was blue with white text but I might be best double checking to make sure it wasn't just black and white

[mystery1]

Re: CEL PCN outside 14 day timescale.

All we've said about the signs is that they do not meet requirements. We've not been specific about wording or colour and the passage about colour is a quote from the code of practice.

M1

[JaySanctuary]

Re: CEL PCN outside 14 day timescale.

I understand now sorry I was just reading though and making sure! I'm going to fill it all in now thank you

[JaySanctuary]

Re: CEL PCN outside 14 day timescale.

I've just come to fill it in but the grounds for appeal box only allows up to 2000 letters which doesn't fit this in, do I upload this as a file and just write a short line or two that it wasn't issued within 14 days in the summary box? Sorry to be a pain