PCN issued after 14 days

[Lukes123]

On the 17th September I received a Parking Charge Notice for a driver staying 2 hours 13 minutes in a 2 hour free car park run by Smart Parking.

The offence date was the 27/08/21 and the letter is dated 13/09/21 despite not reaching me until the 17/9/21. Am I correct in thinking they have missed the 14 day deadline (10/9/21) and so I can successfully appeal this notice?

[Lukes123]

Here are the pictures of the penalty notice

[ostell]

So if there was no windscreen ticket then:

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.

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 free certificate of posting from a post office.


Could you post up the PCN again please with better definition. Use a hosting site such as imgur and put the link on here.

When they reject need to find any other POFA fails.

[Lukes123]

Thanks for this!

How come you reply with the vehicle VRM instead of just the car reg? Will they definitely reject my appeal? They have an online appeal process is it better to do this or send it via royal mail?

Heres the imgur link to the PCN hope this is better quality. https://imgur.com/a/NXBshiA

[ostell]

VRM = Vehicle Registration Mark

They usually do, they get no money if they accept.

So when you appeal to POPLA you add in all the other POFA fails in your NTK

No Period of parking 9 (2) (a)

No notice of driver liability 9 (2) (b)

Invitation to keeper not correct 9 (2) (e)

No warning of keeper liability 9 (2) (f)

You can use the online process but beware the drop downs that default to the driver.

Keep a screen copy of each page submitted. If latest Windows 10 then shift+ windows logo+s will allow you to select what to copy from the screen and put it on the paste board, which you then paste into a document

[Lukes123]

Thanks for your help! First appeal submitted.

[Lukes123]

Got an email today that they have cancelled the penalty! Thank you for all your help