PCN Appeal

[Owlsfrench]

Hey LB,

I just wanted to check to see if I understood things correctly and figure out how to best next proceed with a PCN that was received through the post on the 7th of September.

Firstly the alleged breach date was the 21/8/21 but the PCN letter didn't arrive until 7/9/21. Therefore this would account for a 17 day period between breach and notice given. Am I then right in thinking that this instantly breaks POFA 9 (4)?

Also the PCN only mentions the driver and fails to inform the keeper that the charge will be passed from the driver to keeper after 28 days. Therefore this breaks POFA 9 (2)(F)? In fact they don't mention anywhere that they comply with the POFA. So the keeper cannot be held liable?

Finally, with a grace period of 10 minutes the driver would only have exceeded their stay by 5 minutes which could be accounted for upon entry/exit as the photographs show a moving vehicle?

Should the letter of appeal target all 3 of these points or just focus on one?

I've uploaded the PCN to a IMGUR link below

http://imgur.com/gallery/jNaSp4q

Thanks for your time and your help.

[MIKE770]

ostell

[ostell]

They are saying the liability is the driver.

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 give notice of keeper liability as prescribed by section 9 (2) (f) 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.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc

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

They will reject but then the appeal to POPLA with the additional items should be good.

Not delivered in time would be difficult, even though we know they do not use first class mail, and probably not even second. Does the envelope carry a post mark?

[Owlsfrench]

Thanks for the reply. I thought proving delivery would be difficult and after checking the envelope it sadly offers no marks that could be used as evidence.

Either way I've submitted an appeal using the wording you've suggested and I now await their response.

I really appreciate your help ostell!