Do I have grounds to dispute this PCN (issued 32 days after date of incident)

[DJon]

Hi,



Do I have grounds to dispute this PCN?


No ticket was posted on windscreen.


The registered keeper received this letter today. That is the only correspondence received by the registered keeper or the driver.

Date of Incident: 23/07/2022
Date of sending the notice 24/08/2022
The cost: £100
14 day discount period: £60

Pay by date: 21/09/2022

“The driver of the above vehicle is liable for a parking charge of £100. This charge relates to the period of parking specified in the document. The charge having been incurred due to the following breach of the car park terms and conditions of use: Parked without payment of the parking charge and liability for the same having been bought to the attention of the driver by clear signage in and around the site at the time of parking. The breach relating to the period of parking was recorded by an approved ANPR camera.

…

We, National Car Parks Limited are the creditor. At the time of this notice we do not know both the name of the driver and a current address for service for the driver and as the registered keeper of the vehicle-

YOU ARE NOW INVITED TO:

(1) Pay the unpaid Parking Charge; or

(2) If you were not the driver of the vehicle, to notify us (in writing using the Driver Identification Form on the reverse) of the name of the driver and a current address for service for the driver AND pass this Notice on to the driver. ”



Looking at the other posts on this forum and the legislation (Schedule 4 of The Protection Of Freedoms Act 2012) the relevant time period looks like 14 days and PCN are out of time. But I wanted to check this here.


As a sidenote, the driver is kicking themselves because they are elderly, they tried to pay several times-but had problems with the machine on that day, they asked a couple on the next machine about how to work the machine -but the couple also had the same problem. The driver gave up and drove to another car park to park. Sadly this took 20 minutes. The machine seemed to work fine today when I looked at it.

[R0b]

Hi

It looks to be out of time for holding the registered keeper liable for the PCN but that doesn't stop them from attempting to pursue the RK as the driver although they would need to prove the RK was driving (if you are the RK). Also the wording doesn't look to be correct either but would have to check that.

The starting point would be to write an appeal by saying you received the letter addressed to you as the RK and that you are submitting the appeal as the RK. Keep shtum as to who was driving so always write in third person i.e. the driver did this, did that.

You may want to keep the appeal short at this stage by batting it back saying something like the letter states the date of the incident was 23/07/2022 but the letter was issued on 24/08/2022. Paragraph X of Schedule 4 of The Protection Of Freedoms Act 2012 states that the creditor can only hold the RK responsible if it is submitted within 14 days after the date of the incident which has lapsed by a considerable amount of time. Therefore, you do not accept liability for the PCN and invite the parking co. to close the matter.

[DJon]

Hi ROB,

Thanks for your reply. Can I please ask, what was it about the wording that doesn’t look correct? I am happy to comb through he legislation (I assume- the protection of freedoms act) in detail, but I not sure what to look for.

[R0b]

Are you able to upload the PCN document (both front and back page) and make sure to redact personal info e.g. name, registration and also NCP's reference number.

[DJon]

Hi ROB,

Here is a Dropbox link to both sides of the letter.