PCN over 14 days - appeal rejected

[deckster]

Parked at a EuroCarParks car park over the time limit just before Christmas day but didn't receive the PCN until day 15 after the event when it was delivered to me by Royal Mail - probably because of Christmas/New Years/postal strikes

Appealed using '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' because this was on the PCN letter.

Have received an appeal rejection from them with lots of words including this (copy/pasted):

The creditor/operator must follow the procedures set out in POFA Schedule 4 to achieve the
benefits of keeper liability.
Euro car parks and other operators do not have to send tracked or recorded post, neither
does the council or the police when communicating penalties and toll charges.
Euro Car Parks accept no responsibility for individuals failing to receive their letters. Letters
are sent to the registered keeper's address which is supplied via an electronic link directly
from the DVLA.
I can confirm that the PCN has been issued correctly and remains payable.

This seems tenuous at best and no idea of the relevance of the 'council and police' reference. Surely this is just posturing.

Is this a reasonable case for POPLA?

[JMcG]

Parked at a EuroCarParks car park over the time limit just before Christmas day but didn't receive the PCN until day 15 after the event when it was delivered to me by Royal Mail - probably because of Christmas/New Years/postal strikes

Appealed using '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' because this was on the PCN letter.

Have received an appeal rejection from them with lots of words including this (copy/pasted):

The creditor/operator must follow the procedures set out in POFA Schedule 4 to achieve the
benefits of keeper liability.
Euro car parks and other operators do not have to send tracked or recorded post, neither
does the council or the police when communicating penalties and toll charges.
Euro Car Parks accept no responsibility for individuals failing to receive their letters. Letters
are sent to the registered keeper's address which is supplied via an electronic link directly
from the DVLA.
I can confirm that the PCN has been issued correctly and remains payable.

This seems tenuous at best and no idea of the relevance of the 'council and police' reference. Surely this is just posturing.

Is this a reasonable case for POPLA?

Rubbish.
The postal Notice, if there was no windscreen pcn (Notice to Driver) must be served (delivered) within 14 working days.
Weekends & BH do not count.
PoFA 2012 Sch 4 9(6).
Unless you have ID'd the driver (eg in your 'appeal' to Euro), this should be quashed at POPLA.
No surprise at Euro's rejection of your appeal, though....there's no profit in allowing (kosher) appeals, is there?

Btw, the actual date of posting the Notice isn't always the date on the Notice.
Proving that can be difficult, though.

.

[deckster]

That's great - thanks!
I'll need to go back over my timings, but I'm pretty certain it was over 14 working days.
Either way, there was no windscreen pcn and I didn't ID the driver - my full response was as per the below:

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.

Should I take it to POPLA then - I'm tempted to do so to be honest anyway.

[JMcG]

That's great - thanks!
I'll need to go back over my timings, but I'm pretty certain it was over 14 working days.
Either way, there was no windscreen pcn and I didn't ID the driver - my full response was as per the below:

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.

Should I take it to POPLA then - I'm tempted to do so to be honest anyway.

I'd take it to POPLA in a heartbeat!
It's free....for you.
It will cost them money.
Win-win.

[JMcG]

9(6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4

[deckster]

Not sure I ever followed up on this - EuroCarParks caved and decided not to pursue as a gesture of good will when I raised a POPLA!!
So that's a win......