PCN

[Georgina15]

We received a CP Plus PCN for parking in MOTO motorway service station on 4/12/2020. We made a mistake as didn’t see the sign. The issue is that the first and only letter we received arrived 27/1/2021 with a fine of £140. CP Plus claim it was the third letter sent. There were two cars so total fine £280 (so two letters for each car, or four letters have not arrived). Happy to pay initial fine and have appealed to this effect. They keep writing to ask for drivers name. What should we do please?

[ostell]

You don't give them the drivers name.

So as the keeper you have no liability as you weren't informed with the relevant period of 14 days.

My suggestion for an apeal, though now too late, would have been:

Dear Sirs,

I have just received your Notice to Keeper No. 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. 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


However, since it is MOTO I have collected the following from another incident:

I emailed the CEO of Moto as suggested in other threads on this forum and it worked. Ken McMeikan (Ken.McMeikan@moto-way.co.uk) got back the same evening I emailed him, at around 2230 hours and agreed to cancel the PCN.

I'd also sent the same message in via the feedback form on their website and they did also get back to me from there several days later and agree to cancel it. As I said in my first post, I did try contacting MOTO several months ago via to ask for this and was turned away so something has obviously changed - possibly my approach.

It does seem as though MOTO are trying a fast one if 4 letters have "gone missing"