PCN from Alliance parking recieved after 14 days

[Oilybitz]

Hi all, this week I have recieved a PCN from Alliance parking sent to myself as I am the registered keeper of the vehicle
It states that the driver of the vehicle is liable for a charge relating to the period between date and time of entry and date and time of exit and the charge has been incurred as the vehicle was 'Present without payment having been made for the duration of the vehicles stay' There are photographs entering the car park and exiting. However, the entry and exit dates are 14/7/2021, date of issue was 27/7/2021 and I actually recieved the letter on the 3/8/2021.
Do they have to legally inform me within 14 days?
Also, the driver paid for parking for 3 hours, is it legal to charge for parking based on photos entering and exiting the car park?
Thanks in advance.

[ostell]

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

For clarity your notice was allegedly issued on 27/07 some 13 days after the event. POFA 9 (6) assumes that delivery is 2 working days later. This means it is assumed to have been delivered 15 days after the event. In reality it was delivered on 03/08.

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 a free certificate of posting from a post office.

When the took the photos the car was moving, ie not parked.

[Oilybitz]

Thank you Ostell, their appeals process appears to be online only, I will email them and keep you updated.

[Oilybitz]

I have just been onto their website to start the appeals process but it states only the driver can submit an appeal and you have to tick a box to confirm you are the driver to proceed!
I will send them a letter.

[ostell]

Naughty. Especially if you are responding to a Notice to Keeper.

Send your appeal by post, they gave an adress on the website, here's their web page with details: https://www.alliance-parking.co.uk/p...cookie-policy/

Don't forget the certificate of posting

Though it probably won't get very far a complaint to the IPC about their member only allowing appeals from the driver

[Oilybitz]

Hi, I have just got back from a couple of days away to find this response, dated the 15th of August.

[ostell]

Not a lot you can do apart from wait and see what comes next

[Oilybitz]

Ok thanks, I'll post updates when I receive them.

[Oilybitz]

Just to update this, i realise it has been a long time but i never received anything further from Alliance

[charitynjw]

Just to update this, i realise it has been a long time but i never received anything further from Alliance

No wonder Alliance haven't chased this.
Their last letter (15th August 2021) was so misleading, I would be surprised if they would risk it being introduced as evidence in litigation.
But you never know with these parking companies (or their tame legal reps).
They have 6 years from the date of accrual of cause of action in which to file a claim, so keep everything safe just in case.
No point in poking the sleeping bear, though.