Parking Charge Notice received 15 days after "contravention"

[V1cc]

Hello everyone,

I've just received a parking charge notice through the post, which has no images of my vehicle contravening any parking conditions, and I do not recall parking anywhere illegal that day.
There are no images on the website either, so I'm very confused as that is a first for me.

Either way, they state the contravention occurred on 01/10/2023 and the PCN was sent on 09/10/2023, but I have just received it today, making it 15 days.
Do I have grounds to appeal? It mentions Schedule 4 of the Protection of Freedoms Act 2012.

Many thanks,

Vic

[des8]

Although PCNs have to be delivered within 14 days, if they are issued within time they are deemed delivered within the 14 days unless the recipient can prove otherwise.

Do not identify the driver.

Can you post up the PCN, first removing identifying details but leave in all dates and times.
We will check it against PoFA 2012 Schedule 4 for you

[V1cc]

Hi DES8, Thank you for your reply - I've attached the picture of the PCN

[V1cc]

Apologies I don't think it attached properly, here is a link https://gyazo.com/1c0bafaf4a5be0122767fb5a0f789e2e

[des8]

I note at least two errors in their claim:

1)They state the reason for the charge is that there was no Parking at any time.
However to make a charge is to suggest there is a contract to park.
It is perverse to suggest one can contract to do something which is forbidden
Having parked where it was forbidden the driver committed a trespass for which the landowner might be awarded damages based on an estimate of financial loss
There is at least one county court judgment which supports that view (Parking Control Management (UK) v Bull (2016)

2) To transfer liability for any charges which are due from the driver to the keeper they have to comply with the conditions stipulated in the Protection of Freedoms Act 2012,
One of these conditions is to specify the period of parking
To state the period is "the period immediately preceding the time of issue" does not "specify the period"
That wording leaves the period completely open ended and not specific

Hence a response on the following lines can be sent first class with free certificate of posting from post office

Dear Sirs,
I have received your Notice to Keeper xxxxx for vehicle VRM xxxx

It fails to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to specify the period of parking to which this notice applies as prescribed by section 9 (2) (e) 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.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.
Yours etc


You could also add in that in any case you have no knowledge of your vehicle being parked as alleged, and you require proof if you feel so inclined.

Make sure you do not identify the driver (if you should recall who it may have been)

They are unlikely to accept your appeal (parking companies rarely do) and you might have to go through PoPLA process and even dispute a court claim

[V1cc]

Hi DES8,

Thank you so much for your help.

I will appeal later tonight - just a few more things,

Do I have any standing on the fact that the letter came more than 14 days after the Date of Issue? I can't prove this, of course.

Is the fact that there are no images of the "contravention" helpful in my case? (How can I appeal if I can't see what the contravention was?)

You also say that I should send my response via. post, can I do this online instead? Or would you recommend first class signed via. post?

Many thanks again

[des8]

Hi DES8,

Thank you so much for your help.

I will appeal later tonight - just a few more things,

Do I have any standing on the fact that the letter came more than 14 days after the Date of Issue? I can't prove this, of course. If you can't prove late delivery it is no use to you

Is the fact that there are no images of the "contravention" helpful in my case? (How can I appeal if I can't see what the contravention was?) To the extent they will need proof if they initiate court action it will be helpful. Hence I suggested "You could also add in that in any case you have no knowledge of your vehicle being parked as alleged, and you require proof if you feel so inclined.


You also say that I should send my response via. post, can I do this online instead? Or would you recommend first class signed via. post? If you do send via internet I would always suggest a hard copy is also mailed. It makes it easier if you need to produce documentation later

Many thanks again

Responses in red