PCN do I have to pay?

[alientongue]

Hi

I have received a PCN and received it through the post after 14 days. I wrongly thought that this meant I could appeal.

I appealed using their web form and there was no option for 'I am the registered keeper' so I had to select 'registered keeper and driver'.

They have replied and I am assuming that I have messed up and have to pay now. Am I correct in thinking that?

Thank you in advance

[ostell]

If there was no choice other than state the identity of the driver then you should have written.

The IAS is not recomended, they will reject. Just wait and see where they go.

They have been a little less than truthful in their statement: they have to deliver within 14 days to hold the keeper liable. If there is not a reverse to that PCN then they have also missed a lot of the other statements required by POFA

[alientongue]

Hi Ostell

Thank you very much for taking the time to reply.

You are of course correct. To be honest I was not considering the impact of naming the driver as I wrongly thought the 14 day limit had passed.

Here is the back of the PCN.

[ostell]

They have so failed. There is no legal requirement to identify the driver.

You could write to them again and point out that they have failed to deliver the notice to keeper within the 14 day relevant period, 9 (4), failed to give the required notice of keeper liability, 9 (2) (f), failed to give the period of parking, 9 (2) (a), and therefore cannot transfer liability from the driver at the time to you the keeper.

[alientongue]

Good morning

Apologies for resurrecting an old thread but yesterday I received a claim form for this PCN and two others which I had no knowledge of.

Can I just use the points above as my defence?

Thank you

[alientongue]

Additionally I have acknowledged the claim and will write for CPR. Do I need to SAR as well?

Thanks and apologies if this should be started as a new thread.