PCN issued out of time?

[EdVince]

My car was picked up by ANPR cameras after allegedly parking in a staff car park at a local hospital without a permit. (In fact it was parked in a disabled space, displaying a blue badge as staff advised). I subsequently received a Parking Charge Notice - it was issued more than 90 days after the incident. There was no ticket on the windscreen on the day of the incident and no earlier contact from the parking company. I have researched Protection of Freedoms Act exhaustively, and concluded that Schedule 4 s9(4) and (5) effectively requires the parking company to issue the PCN within 14 days of the incident, and as such the PCN is of no effect. Am I correct?

[des8]

Yes, but you need to respond along these lines:

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