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PCN issued 57 days after alleged offence!

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  • PCN issued 57 days after alleged offence!

    The keeper received a parking charge notice from Civil Enforcement Ltd, dated 31-07-2022. The alleged offence took place 57 days prior.
    The PCN states the driver overstayed in a free car park by ~12 minutes, just outside the 10 minutes grace period offered by the BPA.
    There's been various posts about the Protection of Freedoms Act 2012, and how private parking operators need to issue the keeper with a PCN within 14 business days... No matter how you slice this one, its been 57 days and no prior communications have been received by the keeper.

    The PCN was issued by an ANPR system that operates in the car park, so no windscreen tickets were issued.

    Since the keeper is unfamiliar with the world of appeals, is it in their best interest to make an appeal based on the argument that they cannot be held liable as the PCN wasn't issued in 14 days, and are under no obligation to supply the current drivers information?

    What might the keeper expect to follow if that appeal is rejected, an appeal to POPLA surely would yield the same outcome?

    Thank you!
    Last edited by pcnlmao; 4th August 2022, 19:39:PM.
    Tags: None

  • #2
    See attachments, the PCN clearly issued over the 14 days other threads have mentioned
    Attached Files

    Comment


    • #3
      Bump? ostell des8
      Last edited by pcnlmao; 6th August 2022, 10:24:AM.

      Comment


      • #4
        An appeal to CEL will probably fail, but you shoukd be successful at PoPLA.

        There are possibly more failures with PoFA 2012, so suggest you compare it with the requirements of Schedule 4 (I haven't the time) (https://www.legislation.gov.uk/ukpga...dule/4/enacted)

        Comment


        • #5
          Originally posted by pcnlmao View Post
          Bump? ostell des8
          The keeper appealed as the keeper only:

          Dear Sirs,
          I have just received your Parking Charge Notice XXXXXXXX for vehicle XXXXXXX.
          Your letter dated 31-07-2022 is a full 57 days after the alleged incident on XX-06-2022.
          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 as such I will not be doing so.
          Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.
          Should you reject my appeal, please supply a POPLA code.
          Yours faithfully,
          XXXXXX

          Wish them luck!

          Comment


          • #6
            So wait for the response

            Comment


            • #7
              Originally posted by ostell View Post
              So wait for the response
              The keeper checked the website and it says the PCN has been cancelled!

              Hurray!

              The keeper phoned up and entered the PCN number, which also confirmed there was no outstanding charge.

              However, there's still not been any correspondence from them confirming the appeal was successful; Do they have any obligation to do so? Ideally a confirmation in writing would be ideal.

              Comment

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