NCP - PCN to Keeper now gone to debt recovery.

[VioletVixen1]

Evening all,

I am hoping you someone can help. I will try and detail as much information as possible in this first post to make it as easy as possible.

So the 08th December 2020 is the parking date incident (parked for 1 hour and 42 minutes) then on the 29th December 2020 the NCP company sent out a Parking Charge Notice to Keeper. I stupidly ignored it as I thought as it was a private company and not council that I didn't have to pay (should have sought some sort of advice and help before now really!)

Fast forward to now and I have received a letter from Trace Debt Recovery demanding payment..



So my question is, where do I stand? I was not the driver at the time but I am the registered keeper. I have tried to read up on a few bits and seen some people say if they don't put it on your windscreen at the time then they have 14 days to post (unsure if that is working days) if it isn't then they aren't within the 14 days BUT we did have Christmas & Boxing Day in between so do those days not count as part of the 14 as they are classed as holidays etc. I have then seen others say that because they aren't following POPLA or something similar then it the time limit doesn't matter as it's under contract or common law? I have also seen that because I am the registered keeper even though I wasn't driving they can still come after me? Honestly so confused with it all so I thought it was best to post on here and I will add the letters below to help clarify.

Many thanks. V

[VioletVixen1]

Here are the documents from NCP & Trace.

[ostell]

The 14 days are calendar days, who told you it was working days?

So they have failed to comply with POFA https://www.legislation.gov.uk/ukpga...dule/4/enacted
And so as they do not know the identity of the driver they cannot hold the keeper liable.

There is no period of parking, 9 (2) (a). Moving in front of a camera cannot, by definition, be parking
the warning of keeper liability is not in the prescribed format
exceeded the relevant period 9 (4)


So you write to tell them, NCP and Trace, that you were not the driver and they have failed to comply with Schedule 4 of the Protection of Freedoms Act 2012 and therefore cannot hold you, the keeper, liable. Then list the fails.

Then wait and see what happens