PNC 13 days

[gikster]

Hello,

Could I have some advice on the attached PCN please.

I already emailed an appeal to them prior to reading some of these forums based on us stopping in the car park for a medical emergency. I have received no reply from the company and have also emailed them twice demanding a response which I am still yet to receive.

The circumstances are as follows.

The driver was transporting another person to hospital who is heavily pregnant and due to complications with the baby is having additional scans, these scans are long and painful and the patient has low blood pressure which causes passing out.
On the way back form the appointment the patient was getting Pains and not feeling at all well. The driver stopped at the nearest place available, not seeing any signs. The car park was at the rear of a retail estate and was empty at the time.

The date of the alleged offence was the 14/9/21, date on the letter was 24/9/21 and received the letter on the 27/9/21. Concerned that they have yet responded as it is approaching the 28 days.

The time of being in the car park was 10 minutes after which the patient was feeling better and able to continue the journey.

Any advice on how to appeal this would be appreciated as I dont thing the notice is fair given the circumstances.

[gikster]

This is a copy of the notice

[echat11]

Hi GIKSTER

ostell Can you please take a look and advise. Many thanks.

[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 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


That should have been your appeal. What did you appeal

[gikster]

Hello,

Thankyou for your reply.

I only realised after reading this forum that my appeal was incorrect.
I emailed the appeal and explained driver circumstances and that the stop for 10 minutes in the car park was due to a medical emergency and that due to this i believe the fee should be waived.

[echat11]

You would think that the following would be enough for them to see sense, evidenced by hospital documents, e.g. date etc.

'The driver was transporting another person to hospital who is heavily pregnant and due to complications with the baby is having additional scans, these scans are long and painful and the patient has low blood pressure which causes passing out.
On the way back form the appointment the patient was getting Pains and not feeling at all well. The driver stopped at the nearest place available, not seeing any signs. The car park was at the rear of a retail estate and was empty at the time.;

[gikster]

Thankyou, I have had no reply by email and I believe 28 days are up today so a little worried.

Maybe I would also send a letter today to be sure.

[gikster]

I added the hospital appointment letter as evidence also which showed the time a couple of hours prior to the incident.

[echat11]

Thankyou, I have had no reply by email and I believe 28 days are up today so a little worried.

Maybe I would also send a letter today to be sure.

I would email it, they have no excuse not acknowledging your letters.