Author Topic: Nominee received PCN more than 14 days from issue  (Read 68 times)

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Endorfin

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Nominee received PCN more than 14 days from issue
« on: November 01, 2024, 10:17:43 am »
First of all, I'd like to say how pleased I am to see that the old Pepipoo site has been resurrected here, and secondly, the option to attach photos makes things much easier. Well done and thank you to all the contributors who give their time and expertise to help motorists make a stand, it's much appreciated.

Onto the PCN.

Registered keeper received PCN within 14 days of alleged contravention.

Registered keeper responded to PCN giving name and address of alleged driver.

Nominee received PCN on 18th October, first and only correspondence relating to the alleged contravention.

PCN is dated 12th October 2024, with date PCN issued as 5th September 2024, which is more than 14 days apart.

How does the nominee respond to this PCN please. Nominee has not yet appealed.

I've attached the PCN received. I've also attached the email sent to the registered keeper than they shared with me.
« Last Edit: November 01, 2024, 07:27:09 pm by Endorfin »

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DWMB2

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Re: Nominee received PCN more than 14 days from issue
« Reply #1 on: November 01, 2024, 10:22:56 am »
the option to attach photos makes things much easier.
The upload space is (like PePiPoo) incredibly limited - image hosting is expensive. We therefore still recommend using third parties such as Imgur.

If you have been nominated as the driver then there is no 14 day deadline.

A couple of initial questions:
  • Can you show us the back of the notice?
  • Can you tell us a bit more about the circumstances that led to the charge being issued?
  • Do you have any grounds on which you believe the charge is not owed?
  • Have you spoken to the manager of the Lidl? If not, this should be step 1!

b789

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Re: Nominee received PCN more than 14 days from issue
« Reply #2 on: November 01, 2024, 10:39:07 am »
As above. Without seeing the back of the Notice to Keeper (NtK), we don't even know what the alleged contravention is. However, all ParkingEye NtKs are deficient with regards to PoFA. Whilst it is difficult to get POPLA to agree because their assessors are a bit moronic sometimes, it is usually a good defence point (amongst others) if you should have to defend this is a small claims track hearing at the county court.

Irrelevant now because the driver has been identified. The Keeper always has slightly better protections than the driver who is always liable.

So, your 14 day concept is a non-runner. The driver will have to appeal on whatever merits they can.

If the driver was a customer of Lidl at the time, they should approach the store management with copies of any receipts and ask them to get the PCN cancelled. Alternatively, the driver could write to ParkigEye and provide them with a copy of the receipt and ask them to cancel the PCN. PE are usually amenable to not p!ssing off genuine Lidle customers.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Endorfin

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Re: Nominee received PCN more than 14 days from issue
« Reply #3 on: November 01, 2024, 07:40:24 pm »
Summary of what happened

Driver parked in Lidl, accompanied with a disabled person and displayed blue badge.
Disabled customer took a while to do shopping and overstayed time limit by about 20 minutes I think.

Registered keeper received PCN within 14 days of contravention

Registered keeper contacted Lidl head office, explaining situation, Lidl refused to cancel PCN and advised to appeal to PE.

Registered keeper named driver to Lidl.

Unfortunately no receipts and cash paid.

Back of the PCN