Respond or not respond to PCN?

[Redeye]

Hi,

My Mum received a PCN the other day and she's asked me if she should ignore it or respond to it.

Please see attached PCN and photo of parking sign where she parked.

Any advice would be much appreciated.

Many thanks

Rich

[Kati]

Re: Respond or not respond to PCN?

Definitely worth appealing ... I'll tag [MENTION=5354]mystery1[/MENTION] [MENTION=101521]Gevans67[/MENTION] who should be able to assist xx

[Redeye]

Re: Respond or not respond to PCN?

Thanks Kati

[ostell]

Re: Respond or not respond to PCN?

Was there a ticket on the windscreen? If not then they have failed to comply with POFA to be able to transfer liability to the driver. The Notice to Keeper needs to be delivered within 14 days if there was no windscreen ticket.

You mum writes back to the Parking Company, AS THE REGISTERED KEEPER, stating that they have failed to comply with the requirements of POFA, specifically, but not limited to, delivering the Notice to Keeper within 14 days. They cannot now hold the keeper liable and no further communication is expected other than to confirm that no further action will be taken and your details will be removed from their records. Take this request for removal as notice under section 10 of the DPA and a response is required within 21 days.

[Redeye]

Re: Respond or not respond to PCN?

That's great.....thanks so much ostell. I'll draft the response for her to send on.

Many thanks for your help.

Richard

[ostell]

Re: Respond or not respond to PCN?

Post up your response for critique before sending.

[Redeye]

Re: Respond or not respond to PCN?

Here is the draft below.....is it ok?

Ref: PCN - 1277936212

To Whom it may concern,


As the registered keeper of PN13 xxx I refer to the above PCN which I received on xx-xx-xxxx


I understand from the Protection Of Freedoms Act 2012 that you have failed to comply with the requirements, specifically, but not limited to, delivering the Notice to Keeper within 14 days.


Due to this fact, no further communication is expected other than to confirm that no further action will be taken and my details will be removed from your records.


Take this request for removal as notice under section 10 of the DPA and a response is required within 21 days.




Yours Sincerely

[Redeye]

Re: Respond or not respond to PCN?

Hi there,

I didn't get a response to the last post so my Mum just posted it as above (albeit a little late!).

She has now had a reply (please see attached).

Would be interested to hear your thoughts on how to respond?

Many thanks

Richard

[ostell]

Re: Respond or not respond to PCN?

One response, as the keeper, pointing out that the last letter was not an appeal it was merely pointing out that there cannot be any keeper liability as they have failed to comply with POFA and any further letters, from whatever source, will be treated as unjustified harassment. You expect confirmation within 14 days that the matter is now closed.

After that just ignore until such time as you get a letter before claim.

[Redeye]

Re: Respond or not respond to PCN?

Ok great. Thanks for the advice ostell.

All the best

Richard

[Redeye]

Re: Respond or not respond to PCN?

Hi,

My Mum has now received the letter before action letters (please see attached).

Advice on what to do from here would be much appreciated.

Many thanks

Richard

[Redeye]

Re: Respond or not respond to PCN?

Hi Ostell,

Just wondered if you got a chance to look at my last post?

Should we reply or ignore the letter before claim?

Many thanks

Richard

[charitynjw]

Re: Respond or not respond to PCN?

There's quite a lot of paper.
Could be useful in an emergency, I reckon.

[Redeye]

Re: Respond or not respond to PCN?

Haha .......so should we just ignore it then?

[charitynjw]

Re: Respond or not respond to PCN?

Have you ID'd who was driving at the relevant time?