PCN - after 14 days?

[homelander]

Hello,

I have received a PCN today in the post (front and back attached). The driver at the time did try to pay using the app but it wasn't working.

This has been received today which is over 14 days from the offence however it was apparently issued on 10/06/22

Where does the driver stand with this?
images below:
https://ibb.co/RjK4ZZF
https://ibb.co/p4k3ytc
Any advice is appreciated,

[des8]

Only one of your attachments is viewable.

from what is posted it seems that the PCN does not comply with Protection of Freedom Act 2012 (POFA) (but we can only see one of your images so you will have to check )

When the driver is unknown to the parking company, the PCN MUST invite the registered keeper to pay the charge (sec 9(2) (e)

There are possibly other failures, so you should check.

Write to them without identifying the driver, telling them as the PCN does not comply with POFA 2012 Schedule 4 they cannot transfer liability from the driver to the registered keeper, and as the registered keeper you are under no obligation to name the driver and will not be doing so.

You can include in the letter that the driver tried to pay but te app failed, so this was their failure not the driver's.
Do you have proof of attempts to pay?
Were there other methods of payment available?

[homelander]

Thank you for the welcome and thank you for the reply!

Sorry, this should work now:
https://ibb.co/8YW2Y6Q

I will have to confirm all details with the driver however I believe the app wasn't loading at the time of payment attempt. I'm not sure on other payment methods so will check. The driver did go back the next morning and pay the £1 owed and then emailed to explain the situation but the reply received basically said "sorry but there's nothing we can do".

[des8]

Hope the driver didn't identify him/herself and of course they could cancel the charge.

In your letter to them point out the charge wasn't paid due to their systems failing, but it was paid the next day and as there has been no attempt to refund the £1 you conclude it was accepted in payment.