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Messages - doggone

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Thank you both for your time, it is much appreciated!

2

Do they know who the driver is? If they do, it will only be because the Keeper blabbed the drivers identity.

The Notice to Keeper (NtK) is not compliant with all the requirements of PoFA. Whilst the 14 day issue you raised is irrelevant in this context, had the NtK even PoFA compliant, it would not have negated the validity of PoFA as it would have been deemed given on day 14 which is within the requirements.


Thanks, b789. There has been no correspondence with Horizon beyond the letter received and posted above.

So, is my understanding correct: unless the driver is voluntarily identified (which the company will refuse to do), they have no way of pursuing this?

I know it may not be relevant, but just for my understanding: in regards the 14 days, wouldn't they need to show that it was POSTED on the 27th Sept, not just dated/printed on that date? Even if they did, the letter did arrive beyond the 14 days. We have witnesses to that. I realise this won't be heard in court, but how could/would someone PROVE a delivery date beyond witness statements? Isn't it worth mentioning the late delivery just as a further argument?

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Thanks. Does that mean that they can’t pursue the driver at all? How is best to reply?

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Hi all,

PCN received for failure to pay at Water Gardens Shopping Centre Harlow. Car is insured for multiple drivers and PCN is to the company, the RK.

"Breach" date was 17th Sept, PCN issue date: Friday 27th Sept but it wasn't delivered to RK until 4th October, 17 days after the "breach".

Given the time "breach" it is hard to remember, let alone prove payment, driver etc.

Just wanted to get advice on how best to deal with it. I've never dealt with a company car ticket before.

Am I correct that Schedule 4 of Protection of Freedoms Act 2012 requires delivery of the PCN within 14 days and so the operator are not able to use it to pursue the name of the driver? The PCN is dated within 14 days but it 100% was not delivered by 1st October. If it was posted in the 27th Sept (envelope doesn't provide a date of posting), the assumption from Sched 4 states 2 working days after posting, which would by 1st October, the 14th day. However, it appears that the PCN was not posted until Monday 30th Sept at the earliest.

Thanks!


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Thanks both.

Essex don't appear to have an online system with the photographs so we will email them.

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Hi all,

We received a NIP for 71 in a 50 on the M11, quite a notorious camera I believe.

I drive that way regularly and I'm super careful of this particular camera (GPS is always active and warns me as well). So I was surprised to get a NIP and wondering if it is worth asking for the photographs "to help identify the driver"? Is this still a valid strategy? I want to check there isn't something obviously wrong on the photos. I've had two spurious NIPs from Essex Police in the past (one of which I successful defended in court, the other was dropped before court) and I don't trust them.

Second question, is 71 in a 50 still FPN territory? I believe it is with Essex. Requesting the photos shouldn't trigger a human to get involved and decide on a summons instead.... would it? I currently have a clean license.

Thanks all!

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