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NCP - 100 Day delayed PCN!?

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  • NCP - 100 Day delayed PCN!?

    I'm looking for some advice as I have been referred here and it has been suggested I do not need to pay the PCN

    I've received multi penalty Charge notices from a Station car park company National Car Parks Ltd.
    These letters have been received over 70+ days beyond the "date of incident"
    The charge relates to a partial payment liability - referenced by the ANPR camera.
    These letters have been sent to me as the registered owner of the vehicle (car) not driver!

    I understand that payment is always made for the vehicle on the day of arrival (for a full day period) via a phone app device, however a few of these payment may have been delayed due to an App error and/or commuting mobile signal failure. This has resulted in the payment time not correlating with the ANPR arrival time on these occasions and processed payment appears to be charged slightly less (18% less) than is should have been in these few instances.
    These event have happened weeks apart from each other, with many correct payment in between without error.

    The first PCN letter received arrived 100 days after the incident, the second 90 days later, and the third 82 days.
    This seems totally unacceptable!

    The charge is £100, reduced to £60 (though the first PCN payment date has now passed), but again seems unacceptable for 18% difference (£2)

    I fear they may be a couple of other mistaken incidents, and further PCN's to receive.

    What are the best options?

    Tags: None

  • #2
    Dear Sirs,

    I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

    The car park appears to be not relevant land as defined by paragraph 3 of Schedule 4 of The Protection Of Freedoms Act 2012, being subject to byelaw control. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

    Even if if it were relevant land you have failed to deliver the PCN within the relevant period of 14 days as precribed by section 9 (4) of the same Act and again there can be no keeper liability.

    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 any post office

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