PCN & PoFA 2012
Discussion
Received a NTK from a lovely PCN 'enforcement' company. Now, whilst (I think) I have a detailed and valid defence already, my attention has just been drawn to PoFA 2012, specifically, from para 8 of schedule 4, referring to the NTK and when it should be issued:
(4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5) The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.
Now, I received the NTK 96 days after the Notice to Driver was issued, and it states it was posted 93 days after the NTD issue. This to me suggests they cannot pursue this any further? OR - bacause IANAL - am I getting this all wrong?
(4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5) The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.
Now, I received the NTK 96 days after the Notice to Driver was issued, and it states it was posted 93 days after the NTD issue. This to me suggests they cannot pursue this any further? OR - bacause IANAL - am I getting this all wrong?
The registered keeper must receive the NTK between (from memory) days 28 and 56 after the NTD was affixed to the vehicle. OP, are you the regisered keeper? If not (eg. this is a company car), did the RK receive the NTK in the relevant timescale?
If you are the RK and this is their first NTK issued, you're correct and must point out their oversight (as well as certain other things) to them when you appeal (also write in the third person, eg. "the car was driven..." or "the driver parked up..." rather than "I drove the car..." or "[named person] parked up..." - do not name the driver or allude to who they were).
But the devil is in the detail. Post on PePiPoo's "private parking" forum - and/or on MSE's similarly titled forum - for accurate advice, not here.
If you are the RK and this is their first NTK issued, you're correct and must point out their oversight (as well as certain other things) to them when you appeal (also write in the third person, eg. "the car was driven..." or "the driver parked up..." rather than "I drove the car..." or "[named person] parked up..." - do not name the driver or allude to who they were).
But the devil is in the detail. Post on PePiPoo's "private parking" forum - and/or on MSE's similarly titled forum - for accurate advice, not here.
aw51 121565 said:
The registered keeper must receive the NTK between (from memory) days 28 and 56 after the NTD was affixed to the vehicle. OP, are you the regisered keeper? If not (eg. this is a company car), did the RK receive the NTK in the relevant timescale?
If you are the RK and this is their first NTK issued, you're correct and must point out their oversight (as well as certain other things) to them when you appeal (also write in the third person, eg. "the car was driven..." or "the driver parked up..." rather than "I drove the car..." or "[named person] parked up..." - do not name the driver or allude to who they were).
But the devil is in the detail. Post on PePiPoo's "private parking" forum - and/or on MSE's similarly titled forum - for accurate advice, not here.
Thanks for your reply. Yes, I am the RK, and yes, I am also looking at MSE and Pepipoo.If you are the RK and this is their first NTK issued, you're correct and must point out their oversight (as well as certain other things) to them when you appeal (also write in the third person, eg. "the car was driven..." or "the driver parked up..." rather than "I drove the car..." or "[named person] parked up..." - do not name the driver or allude to who they were).
But the devil is in the detail. Post on PePiPoo's "private parking" forum - and/or on MSE's similarly titled forum - for accurate advice, not here.
Do you happen to know if the '28 days' etc specified is calendar days or business days? They missed it either way, but it's nice to know!
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