PCN - over 14 days notice

[Laura.w]

Hey,

I have received a Parking Charge Notice today 7/10/22 for an alleged offence that took place on 7/9/22, ‘arrival 15:58, depart 16:13. As the Letter is dated for 30/9/22, over 14 days since the offence and was received 30 days after can this be appealed? There was nothing physical left on the vehicle as I was in it.

Please see the redacted letter attached.

[Laura.w]

Letter attached

[des8]

So write to them pointing out that to transfer liability from the driver to the registered keeper they need to ensure the NTK is received by the keeper within 14 days of the alleged incident. As this PCN was not issued until 23 days after the alleged incident liability cannot be transferred.
This is as PoFA 2015 schedule 4 para 9 (4) & (5)
Remind them that you are under no obligation to supply the driver's name and address and will not be doing so.


Tell them you do not expect to hear from them again except to confirm they have removed your details from their database.

Send first class post with free certificate of posting from PO

[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 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

Send first class post with a free certificate of posting

edit post one so that the identity of the driver cannot be inferred

They have also failed to comply with 9 (2) (e) and 9 (2) (f) which will he,p on your POPLA appeal

[Albierose26]

Did you send this as an appeal or just sent letter to Head Office pls

[Laura.w]

Hi All,
Thank you for the replies. I have since received the following 2 letters about this PCN. Can you please advise of a response if any?

[Laura.w]

please see the letter i originally sent to them.

[des8]

Can you clarify please if the vehicle belongs and is registered to you, or was a hired vehicle?

[Laura.w]

This is my vehicle.
I have since received a debt recovery letter.
This is response i sent to them originally.

[Laura.w]

Did you send this as an appeal or just sent letter to Head Office pls

This was sent to the PO box address listed on the letter. I have proof of postage for this too.

[des8]

Responding to my query (post 8 Can you clarify please if the vehicle belongs and is registered to you, or was a hired vehicle?) you stated in post 9 "This is my vehicle.".
Do you know why Workflow Dynamics head their letter of 22nd December 2022 "Notice to hirer" and in the letter suggest the vehicle is registered to someone else and that you are the hirer?

[Laura.w]

Responding to my query (post 8 Can you clarify please if the vehicle belongs and is registered to you, or was a hired vehicle?) you stated in post 9 "This is my vehicle.".
Do you know why Workflow Dynamics head their letter of 22nd December 2022 "Notice to hirer" and in the letter suggest the vehicle is registered to someone else and that you are the hirer?

Not a clue why. The car is most definitely mine

[des8]

So i would be writing to Trace along the lines of:

The Notice to Keeper dated 30 Sept 2022 No XXXXXX issued by WorkFlowD was replied to on 10th October by the registered keeper.
Workflows letter of 22 December 2022 is a nonsense as the vehicle is not a hired vehicle.
Accordingly I suggest you return the matter to your client and instruct them that fundamental dishonesty is frowned upon by the courts.
You can verify the truth of my statement by reference to the DVLA records

I do not expect to hear from you again except to confirm you have removed my details from your data base.
Any further communications will be ignored but will be considered harassment and reported to the regulatory authorities. .

[Laura.w]

So i would be writing to Trace along the lines of:

The Notice to Keeper dated 30 Sept 2022 No XXXXXX issued by WorkFlowD was replied to on 10th October by the registered keeper.
Workflows letter of 22 December 2022 is a nonsense as the vehicle is not a hired vehicle.
Accordingly I suggest you return the matter to your client and instruct them that fundamental dishonesty is frowned upon by the courts.
You can verify the truth of my statement by reference to the DVLA records

I do not expect to hear from you again except to confirm you have removed my details from your data base.
Any further communications will be ignored but will be considered harassment and reported to the regulatory authorities. .

Thank you, i will send this straight away. Shall i respond to Work flow too also?

[des8]

I wouldn't bother, but if it makes you feel better why not?
It will give them something to do

Make sure you do not identify the driver