Parking Charge Notice claimed sent, but not arrived, within 14 days

[Bagpus]

Hello,

A Parking Charge Notice to Keeper was delivered today, 11/08/22, on behalf of NCP.



The date of incident was 24/07/22. This is the first notification and no windscreen PCN or similar was served at the time. My understanding is that service of the PCN by post has to be within 14 days of the incident, with day 1 being the day after the parking period ended, as per the below:

(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.

Unfortunately the envelope is not stampmarked, and even though the claimed "Date of sending this notice" is 04/08/22, it was only delivered today 11/08/22. The latest the Parking Charge Notice to Keeper could have been delivered on time was 07/08/22.

Reading similar advice in the past, my proposed response is as follows:

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx today, 11th August 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 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.

Yours etc

Would this be a reasonable line to take in appealing?

Thanks in advance for any guidance.

[ostell]

That's the correct line. The event was the 24/7, the notice sent 4/8, a Thursday, so assumed delivered two working days later, august 8th. That's 15 days.

If they are still BPA then you can throw in all the other POFA fails at the POPLA appeal

If not then add in failure to give notice of keeper liability required by 9 (2) (f) and failure to say that the the driver is liable, 9(2) (b)

[Bagpus]

Thanks. I have submitted the appeal and will let you know how I get on.

[Bagpus]

Appealed on the basis of 14 days period. Received e-mail today confirming that the PCN has been cancelled!