DRIVER Related PCN with POFA ref - DOI is 29 days after DOC - Can I reject PCN?

[PubliCeNemy]

I, THE KEEPER, RECEIVED A PCN RELATED TO DRIVER CONTRAVENTION.


I've read on both the London Councils Code of Practice Documentation online that:

The Secretary of State recommends that postal PCNs should be sent within 14 days of the contravention. Legislation states that postal PCNs must be sent within 28 days, unless otherwise stated in the Regulations.

WHERE CAN I FIND OUT ABOUT THESE "OTHER REGULATIONS"?


AND ALSO ON - https://www.knowyourparkingrights.or...ers-to-the-bpa :

1. Is there a prescribed time limit an operator must send out the PCN?

This is a very common question. This is dependent on whether an operator has decided to rely upon the Protection of Freedoms Act 2012 (POFA) or not, and if they are a member of ours. Schedule 4 of POFA 2012 creates the current legal basis to claim unpaid parking charges from vehicle keepers and hirers, should they not receive details of who was driving.

• POFA notices must be sent within 14 days from the date of the contravention.
• Non-POFA Notices must be sent within 7 months from the date of contravention. This is a Code of Practice requirement and only applies to BPA AOS members.

If the conditions of Schedule 4 of POFA are not met, this does not invalidate the parking charge, but means the operator cannot hold the registered keeper legally liable.


PIC OF PCN ATTACHED FOR YOUR REF. ANY INSIGHT WOULD BE GREATLY APPRECIATELD.

- PCN

[PubliCeNemy]

[ostell]

Forget the London councils, this is a private INVOICE from a private company.

With the Notice to Hirer did you also receive a copy of the original PCN sent to the hire company and a copy of your lease? Probably not.

If not then reply with:

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the hirer/keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to supply the additional documents mandated by section 14 (2) (a) of the Act. You cannot therefore transfer liability from the driver at the time to me, the hirer keeper..

There is no legal requirement to identify 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. Send so that it arrives on day 20 so that they ca not correct their error and send within the relevant period

[PubliCeNemy]

Thank you Opstell, This was the only document in the letter I received however I don't know if there is something printed on the back, I will have to check later.

When you say "copy of your lease", what is this referring to?

Could there be a legal requirement to identify the driver later?

Day 20 from when? From when I received the letter? Does this conflict with any potential appeal windows?

And what time limit exists after which they cannot pursue this any more?

Thanks again