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#Post#: 50457--------------------------------------------------
PCN issued more than 14 days from event
DIR By: ixo
Date: December 19, 2024, 7:02 am
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Just received today 19 Dec 2024.
Date of notice is shown on letter as 16 Dec 2024.
Date of contravention is shown on the letter as 28 Nov 2024.
It is issued by Britannia parking and letter shows logo of BPA.
It is my understanding that PCN must be issued within 14 days of
the incident, is this the case, and is this in itself a valid
reason to have the PCN overturned?
Link to notice to keeper is at the following link.
HTML https://imgur.com/a/SmCJIht
#Post#: 50459--------------------------------------------------
Re: PCN issued more than 14 days from event
DIR By: b789
Date: December 19, 2024, 7:17 am
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It must be "issued" in time for it to be deemed as "given"
within 14 days. Allow two working days for delivery, and then
that is the date it is "given".
With a contravention date of 28th November and an issue date of
16th December, you don't even have to try and calculate it to
see that it has not been "given" within the timescale defined in
PoFA. It would have had to have been issued no later than 10th
December to comply.
So, an easy one to defeat... as long as the unknown drivers
identity is not revealed. There is no legal obligation on the
known keeper (the recipient of the Notice to Keeper (NtK)) to
reveal the identity of the unknown driver and no inference or
assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which
means that if the unknown driver is not identified, they cannot
transfer liability for the charge from the unknown driver to the
known keeper.
Use the following as your appeal. No need to embellish or remove
anything from it:
--- Quote ---
> I am the keeper of the vehicle and I dispute your 'parking
charge'. I deny any liability or contractual agreement and I
will be making a complaint about your predatory conduct to your
client landowner.
>
> As your Notice to Keeper (NtK) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. Britannia has relied on contract law allegations
of breach against the driver only.
>
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency. Your NtK can only hold the driver liable.
Britannia have no hope at POPLA, so you are urged to save us
both a complete waste of time and cancel the PCN.
--- End Quote ---
#Post#: 50460--------------------------------------------------
Re: PCN issued more than 14 days from event
DIR By: ixo
Date: December 19, 2024, 7:19 am
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That's brilliant, thanks very much for your reply. Much
appreciated.
#Post#: 53509--------------------------------------------------
Re: PCN issued more than 14 days from event
DIR By: ixo
Date: January 15, 2025, 12:39 pm
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Just had a PDF letter attachment in an email response from
Britannia PArking.
They admit that their PCN is not POFA compliant but claim
payment can still be sought under the old
‘implied-contract-with-the-driver’ rules used prior to POFA.
They have asked me to disclose the name of the driver at the
time of the incident.
Full response doc from Britania PArking is at the following
location:
HTML https://imgur.com/a/Yj8hUEp
Would appeciate advice on where I should go from here.
#Post#: 53521--------------------------------------------------
Re: PCN issued more than 14 days from event
DIR By: b789
Date: January 15, 2025, 2:17 pm
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Let them try that old argument in court... I’d love to be a fly
on the wall when that gets before a judge. Nothing like watching
a legsl rep getting a spanking in court.
Respond with the following:
--- Quote ---
> Dear Appeals Department,
>
> Thank you for your letter dated 15/01/2025 in response to my
appeal regarding Parking Charge Number [insert PCN number].
>
> Your continued reliance on outdated arguments about "implied
contracts with the driver" demonstrates a fundamental
misunderstanding of the legal framework governing private
parking charges. As clearly established in VCS v Edward [2022],
no presumption or inference can be made that the registered
keeper was the driver. Your attempt to pursue the registered
keeper in this way is legally baseless, farcical and destined to
fail.
>
> If you are unable to locate a competent adult within your
organisation who can grasp this basic legal principle, you are
welcome to reject my appeal and issue a POPLA code. Britannia
can then waste money paying for an independent assessor to
confirm what I have already explained to you in as few syllables
as possible, to make it easier for you to understand.
>
> Yours sincerely,
>
> [Your Name]
> Registered Keeper
--- End Quote ---
#Post#: 53522--------------------------------------------------
Re: PCN issued more than 14 days from event
DIR By: ixo
Date: January 15, 2025, 2:21 pm
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That's brilliant 😁
Thanks again, I'll send the above as a response to them. Cheers
#Post#: 54990--------------------------------------------------
Re: PCN issued more than 14 days from event
DIR By: ixo
Date: January 25, 2025, 2:12 am
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Received the following email from Britannia parking yesterday.
"Good Afternoon,
Thank you for your email, your additional correspondence for
your appeal has been logged to our system.
Someone will review this as soon as possible and take into
consideration what you have said. A decision will be made and
sent out to you.
We do have an internal 28 day deadline in which to reply to
appeals, however as we have requested additional evidence to be
provided our response may exceed this deadline.
Please regularly check your spam/inbox for correspondence."
#Post#: 57724--------------------------------------------------
Re: PCN issued more than 14 days from event
DIR By: ixo
Date: February 11, 2025, 2:22 pm
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Just received a reply from Britannia Parking. They have rejected
the appeal and gone to a lot of trouble to include maps, images
of signage and full photos of entry and exit.
They have provided a POPLA verification code : [Removed by mod]
Pages of the rejection letter are at the following links
[Removed by mod]
Would appreciate advice on progressing to POPLA appeal stage.
Presumably there is no risk that the appeal will not be
successful since the original PCN was not issued within 14 days
of the alleged infringement?
Thanks
#Post#: 57725--------------------------------------------------
Re: PCN issued more than 14 days from event
DIR By: DWMB2
Date: February 11, 2025, 2:25 pm
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You might want to re-upload that letter without your full name
and home address visible.
#Post#: 57727--------------------------------------------------
Re: PCN issued more than 14 days from event
DIR By: b789
Date: February 11, 2025, 2:28 pm
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None of their waffle or photos mean anything as long as the they
don't know the drivers identity. You, as the Keeper, cannot be
liable for the charge.
You have 33 days from the appeal rejection date to submit your
POPLA appeal. Someone will provide you with advice on your POPLA
appeal soon. Remind us in a couple of days to assist if you've
not had a response. No rush.
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