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** CANCELLED ** PCN from Civil enforcement Ltd.

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  • ** CANCELLED ** PCN from Civil enforcement Ltd.

    Hi,
    I received a PCN from Civil enforcement Ltd for parking in Maidstone Leisure centre through their ANPR (I have attached a picture of the PCN). I am going to appeal against this charge.
    I have been reading around this site and found it very informative, but as Ive never been through anything like this before It would be great if I could get a little help.
    As I understand it the PCN should have been issued within 14 days, as you can see it wasn't.

    Therefore would the following first appeal letter be ok?


    Dear Sirs,
    I appeal and dispute your PCN XXXXXX, as the registered keeper of the vehicle, I deny any liability.
    There will be no admissions as to who was driving, and no assumptions can be drawn, nor was any contract agreed. The driver was a genuine customer.
    I note that the notice to keeper is fundamentally flawed when compared to the protection of freedoms act 2012 schedule 4 paragraph 9.

    Should you reject my appeal, please supply a popla code.

    Yours sincerely


    Many thanks in advance for taking the time to read this.
    Attached Files
    Tags: None

  • #2
    Perhaps this?

    Dear Sirs,

    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.

    I do not expect to hear from you again 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



    When you get the POPLA code back then you can throw all the POFA fails at POPLA. Post up the rear of the PCN please to see if some of the POFA statements are there.

    Comment


    • #3
      Many thanks,
      Please find the attached rear of the PCN as requested.
      Attached Files

      Comment


      • #4
        They have added some extra POFA requirements on the back but still a lot missing to add when they give you a POPLA code.

        Here's POFA. Look through section 9 and see what is missing. Period of parking for a start, moving in front of a camera is not parking, identifying the creditor and giving the warning to the keeper 9 (2) (f)

        Comment


        • #5
          I will use you letter for the first appeal this evening, as soon as I get a response I’ll post it on here.
          Thanks again.

          Comment


          • #6
            Had a reply from Civil enforcement Ltd today, success!!!, they have cancelled the PCN. Surprisingly they didn't take it to the next level.
            I have attached the reply.
            Many thanks for your help.
            Attached Files

            Comment


            • #7
              Well done xx
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment

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