Two PCN notices for same weekend! Help?

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Tue 21 Oct 2014 14:00
Two PCN notices for same weekend! Help? - simon4360

I parked my car in a privately owned car park outside a friends flat whom I was visiting for the weekend back in august, He does not drive but has a parking space that comes with the flat so I used his space for the duration of my stay without a permit as he has never been issued one (not having a car he has no need). Ten days later I receive a PCN demanding £60 for parking without a permit which I initially appealed, and lost, on the grounds that my friend doesn't have a permit and I used his space at all times, I have since paid this fine. To my horror, yesterday I received ANOTHER PCN dated the day afterwards! The first is dated 18:14 16/08/2014 and the second 09:15 17/08/2014.

A complication is that I did not receive the PCN on the car for either, the first because I apparently drove off before they could affix the notice so this was received through the post. The second however I neither received a PCN on the car or through the post, just a letter demanding money.

Is there some legislation to do with the two month time gap in receiving this second notice?

If not, is there anything I can to do with not actually receiving a PCN for the second "offence".

OR is there anything which can be said about receiving two PCNs within 24 hours?

Thanks

Simon

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Tue 21 Oct 2014 18:51
Two PCN notices for same weekend! Help? - Bromptonaut

Are the PCN's issued by a private company or by/on behalf of the Local Authority?

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Wed 22 Oct 2014 12:53
Two PCN notices for same weekend! Help? - Palcouk

The friend may have an allocated parking space, but if a parking permit is required to be authorised to use that parking space, then you or your friend have no grounds to park there.

I would imaging any penalty was issued by a private contractor as apposed to local authority and since the members of Parliament in their wisdom, bowed to the contractors lobby and allowed drivers to be persued through the court process as though it was a local authority/polce penalty. You can appeal to the parking adjudicator.

It has been ruled that a statement that a notice was posted, doesnt have to be signed for, is evidence that it was 'delivered'

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Wed 22 Oct 2014 13:57
Two PCN notices for same weekend! Help? - daveyjp
Ignore what Palcouk has written, its incomprehensible and mixes up important aspects between proper penalty notices and speculative invoices.

You may not have grounds to park there, but that does not give a private company the right to extort money from you for 'breaking rules'.

The first mistake was paying the first invoice. Both can easily be fought. Pepipoo or moneysavingexpert sites both have guides on how to go about the process, which you should do for the second one.
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Thu 23 Oct 2014 15:50
Two PCN notices for same weekend! Help? - Palcouk

I'm afraid you are completely incorrect

A notice issued by a private company is enforceable at court in the same way that a notice issued by the local council is. That has been enshrined in law by our represensatives in Parliament

Extort / specualtive are just your opinion and have no legal validity - unless you want to try a High Court appeal, for which you would need deep pockets

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Thu 23 Oct 2014 16:56
Two PCN notices for same weekend! Help? - Bromptonaut

I'm afraid you are completely incorrect

A notice issued by a private company is enforceable at court in the same way that a notice issued by the local council is. That has been enshrined in law by our represensatives in Parliament

The so called 'Protection of Freedoms Act' outlawed clamping but as a quid pro quo made the registered keeper liable for charges.

Parking company however has to jump through more and higher flaming hoops than the Council does.

In both cases there is a right of appeal, on the facts of the offence, to an independent tribunal.

If you ignore a Penalty Charge Notice issued by the Council it's then a simple process for them to register the debt withe Trafic Enforcement Centre. Once they've done that it's enforceable as a judgement debt, usually via a Bailiff. There is a possibillty of Statutory Declaration but only if ticket/Notice to Owner were not seerved or appeal to tribunal is still in progress.

Private company issuing a Parking Charge Notice, has to issue proceedings in the County Court which can be defended before a judge. A number of defences are available including signage and whether the charge levied is a reasonable estimate of the landholders loss. The term speculative invoice, while arguably pejorative, is not wholly wrong.

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Thu 23 Oct 2014 18:50
Two PCN notices for same weekend! Help? - FP

"A notice issued by a private company is enforceable at court in the same way that a notice issued by the local council is."

No - not in the same way. As explained by Bromp, a local council parking ticket is immediately enforceable, after any period allowed for appeal. A parking company is faced with a number of potential challenges before it can be sure of getting any money.

Any parking charge notice issued is, in legal terms, no more than a request for money, no matter how official-looking or threatening it appears. It is not enforceable as it stands.

Still, after the change in the law that made the registered keeper liable, many parking companies will shy away from court proceedings as being not worth their while - I have personal experience of two such in the last few years. That is not to say that parking companies never follow through on legal action - but the evidence is that it is relatively rare, and even rarer for them to succeed.

Edited by FP on 23/10/2014 at 18:51

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Thu 23 Oct 2014 20:19
Two PCN notices for same weekend! Help? - daveyjp
Time for palcouk to fess up and let us know which private parking company they work for.
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