Parking charge notice - Issued after 14 days

[JohnSmith7]

I received a Parking Charge Notice from ‘Park & Control’ through the post on 28/03/2024 for ‘parking within a restricted area’.

The offence date date was on the 11/02/2024 and sent out on 26/03/2024 and received in the post 28/03/2024. Am I correct in thinking that this should have been sent to me within 14 days of the ‘offence’? This would mean 25/02/2024 would’ve been the cut-off. Do I have grounds to appeal this PCN?

[JohnSmith7]

Photos of notice

[des8]

assuming the vehicle is not a hired car, you are correct that if the parking company wish to transfer liability for an unpaid charge they must deliver a notice to keeper within 14 days of the alleged incident.

Here's a template letter you can use if you wish
;
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 free certificate of posting from a post office
do not identify the driver
They will not uphold your appeal (they might not even read it !) as upholding appeals does not increase their income!
If you bother to appeal to IAS it is most unlikely you will be successful.

If they take it as far as court, you should win as there are a number of problems with their case

[JohnSmith7]

Des-8 Thank you very much for the template.

Just in regards to the 14-day time period. When I was Googling for some advice around it, there’s a bit on the citizensadvice website about it that says the following

“If the notice doesn’t say ‘Protection of Freedoms Act’, there’s no time limit to send it.”

As the notice I received from ‘Park & Control’ doesn’t have this act written anywhere on the notice. Does it still apply?
Or is it irrelevant whether it’s on the notice or not when it comes to transferring liability from the keeper to the driver at the time?

Again thank you for the help, appreciated.

[des8]

The only mechanism for transferring liability fir unpaid parking charges is by compliance with the Act

The fact they don't mention it is neither here nor there.
The PCN has been sent to you as Keeper and it requests you pay it or identify the driver.
It goes on to threaten court action against you (presumably as keeper if driver unidentified) if their invoice remains unpaid

However the notice does not comply with the requirements mandated in the Act, so regardless of whether they mention the Act or not, they cannot transfer liability

[JohnSmith7]

Des-8 Thank you for clarifying. Posted my appeal (using the template above) last Tuesday, recorded delivery. Haven’t heard back which I know you said would most likely be the case. Do you think it’s worth also sending it via their appeal system on their site?

[des8]

If you do it will show your intention to sort this matter out as early as possible, and avoid a possible court hearing

[JohnSmith7]

Des-8

Got a response today, my appeal was upheld and PCN cancelled. Thank you for your help

[des8]

Well done, and thank you for the update