PCN / NTK Parking Eye

[dmcf]

Hi,

I received a parking charge notice as registered keeper of the car on Friday 24th May. That was dated 22nd May (although issue date says 13th May) and said it was a reminder letter, no mention of POFA from what I could see. Date of parking according to the notice was 9th May. So I planned to write to them stating that they could not hold me liable as keeper given they were outside of the 14 day period and there was no attempt to comply with POFA.

Today I receive a second notice in the post, this one dated 13th May and mentioning keeper liability / POFA. This has been received 16 days after the date on it and 5 days after the first letter.

The company is parking eye and the car park in question is owned by Lidl.

I will upload redacted pictures of the notices - I would appreciate any advice on these as my only recent experience with these was quite straightforward with Smart Parking who didn't even try to comply with POFA in order to hold me liable as keeper and they accepted that once I had written to them. The second notice (what they are claiming was the original issued 16 days ago and received today) seems to be doing a better job of complying from what I can see.

Thanks for any help you can give.

[dmcf]

https://imgur.com/a/Ps3jARD

[des8]

I think you will find PE will argue they sent the fist Parking Charge Notice (PCN) on 13th May and mailed it on the same date.

They then issued a copy of the PCN as a remind and mailed it on 22nd May

Unfortunately PoFA 2012 Schedule 4 sec 9 (6) states: "A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” ....... 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."

The onus is on the recipient to prove the PCN was not received within the 14 days (which can be difficult, unless your friendly postman can recall when he delivered it)

There is a problem for PE in that their PCN does not comply completely with PoFA2012.
Sch 4 sec 9 (e) requires the PCN "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
(i)to pay the unpaid parking charges;....." (my italics)

That is a mandated wording and it does not appear in the PCN

So I would be writing to them:

Dear Sirs,
I have 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 invite the keeper to pay the unpaid parking charge 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

They won't accept it as a valid appeal, but it will give you the chance to appeal to POPLA where you might be in luck
If that fails it may go all the way to court, which can be a bit of a lottery (especially in Aber!)

However if it goes to court you might well have a further chance to stuff them
Does the signage mention anything about additional charges? (When I'm in Aber I use the council car park behind Tesco)
If it does and they try and add them on at court, several judges have thrown out their claim.
there are good arguments to be had around that matter.

Pob lwc