Parking Charge Notice In College Car Park

[Scrotedog]

I've searched everywhere on the net and cannot find anything stating the 56 day rule. Its taken them 11 weeks to send me a Notice To Keeper letter since issuing me with a Parking Charge Notice. Would anyone be able to point me in the right direction please? Thanks

[ploddertom]

I've searched everywhere on the net and cannot find anything stating the 56 day rule. Its taken them 11 weeks to send me a Notice To Keeper letter since issuing me with a Parking Charge Notice. Would anyone be able to point me in the right direction please? Thanks

 

You have tagged this on to an existing thread, would be better to start your own and explain some more.

[elizabethmcw]

hi,

the 56 days is taken from the British parking associations' own code of practice (britishparking.co.uk) which sets limits on how long they can take to get your details from DVLA and then follow up with the notice to keeper - 56 days is the limit they are supposed to work to so I expect you now have a case as they have clearly gone by this time - did you get the ticket at Northumbria uni??

[ericsbrother]

no, they have to get the NTK to the owner of the vehicle in that time window otherwise they cannot claim liability form the keeper of the vehicle, just the driver, who is almost impossible to identify. That is the law-sch 4 of the Protection of Freedoms Act 2012

[Scrotedog]

hi,

the 56 days is taken from the British parking associations' own code of practice (britishparking.co.uk) which sets limits on how long they can take to get your details from DVLA and then follow up with the notice to keeper - 56 days is the limit they are supposed to work to so I expect you now have a case as they have clearly gone by this time - did you get the ticket at Northumbria uni??

 

Hi

 

No its a college carpark. I've searched the BPA website and cannot find anything that states 56 days

[Scrotedog]

no, they have to get the NTK to the owner of the vehicle in that time window otherwise they cannot claim liability form the keeper of the vehicle, just the driver, who is almost impossible to identify. That is the law-sch 4 of the Protection of Freedoms Act 2012

 

Hi

 

My situation is different in the fact that I work at a college and we have to obtain a yearly parking badge that we display on the vehicle windscreen. I have the correct badge but I wasnt parked in a designated parking bay. I was parked next to a wall but not obstructing anyone.

Anyway I received a PCN on my windscreen and I just ignored it. Weeks later I received a NTK but I realised they'd put the wrong date on the original PCN as they'd pre-dated it to the following November. I sent them an email pointing this out and they squashed it.

They've now sent me another NTK for a separate incident that I have no knowledge of as there wasn't a PCN on my car. The NTK came through 77 days after the so called committed offence but because I work at the college wont they know that I was the driver? or do I ask them to produce photographic evidence/ CCTV? Thanks for your reply

[ims21]

New thread created

[silverfox1961]

Hi and welcome to CAg

 

In my opinion this is out of time. With parking tickets, they wait up to 28 days for the driver to pay and if that does not happen, they apply to the DVLA for the registered keepers details so that they can send the Notice to Keeper.

 

The NTO should be delivered to the keeper within the timescale of 29-56 days after the driver failed to contact them.

 

As this NTO has taken 77 days, it is out of time.

 

Who are the fleecers?

What date was the 'offence'

 

At the end of the day, this is a private ticket and the only way to get you to pay is if they took you to court

[silverfox1961]

By the way, s9.3 of this document shows where the 56 day rule comes from.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9155/guidance-unpaid-parking-charges.pdf

 

s6 details the ticketing method which shows the first 28 days (driver action) whereas section 9 covers the second 28 days (keeper action) Total 56 days

[Scrotedog]

Hi and welcome to CAg

 

In my opinion this is out of time. With parking tickets, they wait up to 28 days for the driver to pay and if that does not happen, they apply to the DVLA for the registered keepers details so that they can send the Notice to Keeper.

 

The NTO should be delivered to the keeper within the timescale of 29-56 days after the driver failed to contact them.

 

As this NTO has taken 77 days, it is out of time.

 

Who are the fleecers?

What date was the 'offence'

 

At the end of the day, this is a private ticket and the only way to get you to pay is if they took you to court

 

Hi

 

I've been through the BPA's code of practice but I cannot find anywhere that states 56 days, I think I've been trawling the net that much that I'm not seeing it. Do you know the code reference number that states it please so I can quote this when I contact them.

 

The fleecers are sheild security. They are members of the BPA.

The offence was committed on 20/3/14 and the NTK was sent 4/6/14

 

Thanks for your reply

[dw190]

Hi

 

I've been through the BPA's code of practice but I cannot find anywhere that states 56 days, I think I've been trawling the net that much that I'm not seeing it. Do you know the code reference number that states it please so I can quote this when I contact them.

 

The fleecers are sheild security. They are members of the BPA.

The offence was committed on 20/3/14 and the NTK was sent 4/6/14

 

Thanks for your reply

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?426316-Parking-Charge-Notice-In-College-Car-Park&p=4550706&viewfull=1#post4550706

[ericsbrother]

Forget the BPA, they are not the law. As stated, the Protection of freedoms Act obliges parking companies to contact the owner or keeper of the vehicle in question between 28 anf 56 days after the day of the issues of the "ticket" on the windscreen. As the day of issue doesnt count then they have to make their demand known to the keeper between 29 and 56 days after the event. If they fail to do so they cannot claim liability from the keeper, only the driver. As they dont know who the driver is and the burden of proof lies with them and the keeper is not obliged to help them in their quest (despite what the parkuing co's say about this) then basically they can no longer pursue the matter and if they continue to try and get the kepper to pay up or reveal who the driver is they leave themselves open to either prosecution or a civil tort for harassment.

The BPA are only the clamper's union so they are not going to tell you anything that is not in their members interest.