PCN Appeal Rejected

[FF007]

Hello all,

A PCN was recently received by the keeper of a vehicle which parked in a car park managed by Excell Parking.

The driver was taking their dog for a walk on boxing day and thought for all knowledge the car park allowed 1 hour free.

The keeper sent the below appeal as the PCN was received more than 14 day after the incident:

"Dear sirs,

I have just received your Notice to Keeper No...
for vehicle REG

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 faithfully,
KEEPERS NAME"


Images attached of original letter and the rejection letter:
https://ibb.co/FqTrpkm
https://ibb.co/TYzjrpd

Any help with this would be greatly appreciated!

[ostell]

Unfortunately there is no point in appealing to the IAS because they would reject, though you are welcome to try. It a matter of waiting to see if they threaten court.

they have also failed to give the warning of keeper libility in the format mandated by 9 (2) (f), something to add if you are going to try an appeal.

[FF007]

Thank you for the reply. Does it look like the keeper or driver will have to pay the PCN?

[ostell]

Why pay?

As you have at least 2 POFA fails you could try an IAS appeal. One worked this week, much to everyone's surprise. Other than that wait to see if it goes to court. Wait for the Letter before Claim

[FF007]

OK great thank you. How can the management company reject the appeal when it is clear they have failed to comply with POFA?

[ostell]

Because there is nothing to say they have to accept an appeal.