PCN received more than 26 days after the incident

[Donhoney]

Hello, a NEWBIE here.
I am reading all these threads with great interest.
As registered keeper of a car, I received PCN from Civil Enforcement Ltd dated the 9th May 2019 for an incident on 5th May 2019. I accept the charge but this should have been sent within 14 days of the incident. However, I am not sure how to word this in my appeal to them.
I read "KER" thread 611, won without needing to go to POPLA, so wondered if there was a template I could use - I do not want to "get it wrong".
I look forward to any responses.
thanks

[Donhoney]

The date on the envelope is 3/6/2019.

[ostell]

Save that envelope.

The 14 days applies only if they trying to transfer liability from the driver to the keeper under Schedule 4 of The Protection of Freedoms Act 2012 If they know the name of the driver then the timeframe is irrelevant. I suggest you edit your post so that the identity of the driver cannot be inferred.

So:

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. Despite the date on your document hinting that it is in time the postmark shows that it was not put into the postal system until some 25 days later.

You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc

First class post with free certificate of posting from any post office.

[Donhoney]

Thanks a lot. Sorry missed to mention in a hurry, I wasn’t the driver at the said time.and also they have photos attached to their letter sent to me.
thanks

[ostell]

If that's the case then:

I was not the driver at the time and as there is no legal requirement to identify the driver I will not be doing so.


If you can show that you were elsewhere at the time then so much the better. Only if required later

Unfortunately CEL plough on regardless and withdraw from court at the last moment.

[Donhoney]

Thank you. will keep you posted.

[Donhoney]

Oh sorry the letter says there is no appeal against a fixed penalty notice. It’s a FPN . Should I still make a representation ?
thanks

[ostell]

Fixed Penalty Notice from CEL!!. Please explain. Indeed post up a redacted copy of that letter

Private parking Companies cannot issue penalties

[Donhoney]

im trying to attach the letter

[Donhoney]

FPN_20190605131730.pdf

[Donhoney]

Hi
I've attached it in PDF as its not uploading from my mobile. Its A FCN by the redbridge council

[ostell]

How does that tie in with your statement in your first post that you received a PCN from Civil Enforcement?

[Donhoney]

Sorry this is my first time to appeal and and a bit worried so and mistook the FCN for a PCN in a haste.

[ostell]

Just wondering how Civil Enforcement managed to get in on the act

needs moving to the appropriate forum or ask in pepipoo forum