CEL PCN is there a 14 day notice rule?

[Cuba]

Hi. I'm looking for some quick advice please. I have committed the cardinal sin of leaving this until the last minute. As registered owner I received a PCN from CEL due to my car being parked longer than the 'allowed' 3 hours free parking at a retail park (time exceeded by just over 13 minutes). Amount due the usual £60 if within 14 days or £100 if 28 days. There are 24 days between the date of the incident (their wording) and the PCN issue date. I keep reading references to ?14 days in which they have to notify or have I misunderstood? If correct this is a breach so does it give the driver grounds for appeal? if not can the driver still appeal on grounds of unfair amount in relation to length of time overstayed? or would some of the recent case law not support this?

[mystery1]

Re: CEL PCN is there a 14 day notice rule?

If they are chasing the keeper and there was no ticket placed on the vehicle then they do indeed need to have sent the notice to keeper to have been received within 14 days.

http://www.legislation.gov.uk/ukpga/...dule/4/enacted

Right to claim unpaid parking charges from keeper of vehicle


4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.


(2)The right under this paragraph applies only if—


(a)the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met


6(1)The second condition is that the creditor (or a person acting for or on behalf of the creditor)—


(b)has given a notice to keeper in accordance with paragraph 9.




9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.


(2)The notice must

(4)The notice must be given by—


(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or


(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.


(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.


(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.




So if they do not know who was driving they are in a bit of a pickle.



Dear Sirs,

I, as registered keeper, wish to invoke your appeals procedure. The driver, whom i am under no statutory obligation to name, did not see any signs. In any event your charges are penal and not a genuine pre estimate of loss.

Your notice to keeper is fundamentally flawed and does not meet the statutory conditions of PoFa 2012 schedule 4 para9 4.

Should you reject my appeal please supply a popla code.

Yours etc

If you get a popla code please return.

You may wish to edit your post too so the driver identity remains a mystery.

M1