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I received a PCN/NTK from Excel Parking. As the keeper, I appealed based on PoFA 2012 and the 14 day rule. The contravention was 12/03/2024 and the notice was not issued until 02/04/2024. My appeal was based on the templates from multiple forums and is below:
I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
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. The alleged contravention is dated 12/03/2024 and was not issued until 02/04/2024 and was not received by myself, the keeper, until 15/04/2024.
As there is no legal requirement placed on registered keeper to identify the driver, I will not be doing so. There will be no admissions as to who was driving and no assumptions can be drawn.
I require you to cancel the parking charge and remove my personal information from your database. Confirmation of this is the only further communication I expect to receive.
They replied on 03/05/2024 rejecting my appeal and inviting me to pay or appeal to IAS.
They specifically say: "It is important we highlight that we will continue to pursue this matter on the reasonable assumption that you were the driver of the vehicle on the date in question until information/evidence to the contrary is provided."
I realise now that they didn't actually mention PoFA so not sure if that was the right approach and I may have shot myself in the foot. They also mentioned that a ticket was purchased by the driver, this was never mentioned in my appeal but I assume they have a record of this. Is my next move to appeal to IAS? If so, do I still appeal based on the 14 day rule or do I appeal based on that they are assuming I was the driver?
I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
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. The alleged contravention is dated 12/03/2024 and was not issued until 02/04/2024 and was not received by myself, the keeper, until 15/04/2024.
As there is no legal requirement placed on registered keeper to identify the driver, I will not be doing so. There will be no admissions as to who was driving and no assumptions can be drawn.
I require you to cancel the parking charge and remove my personal information from your database. Confirmation of this is the only further communication I expect to receive.
They replied on 03/05/2024 rejecting my appeal and inviting me to pay or appeal to IAS.
They specifically say: "It is important we highlight that we will continue to pursue this matter on the reasonable assumption that you were the driver of the vehicle on the date in question until information/evidence to the contrary is provided."
I realise now that they didn't actually mention PoFA so not sure if that was the right approach and I may have shot myself in the foot. They also mentioned that a ticket was purchased by the driver, this was never mentioned in my appeal but I assume they have a record of this. Is my next move to appeal to IAS? If so, do I still appeal based on the 14 day rule or do I appeal based on that they are assuming I was the driver?
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