PCN received more than 14 days after the incident - won

[Kime]

Hello, a NEWBIE here.
I am reading all these threads with great interest.
As registered keeper of a car, I received PCN from Civil Enforcement Ltd dated the 8th December 2014 for an incident on 21st November 2014. I was not the driver, but the driver did exceed the 4 hours free time limit, and the signage is there, just not easy to see in the dark when going to eat and visit the cinema, all of which are on this particular site in Leigh, Lancashire.
Am I correct that this should have been sent within 14 days of the incident (according to BPA code of practise, Schedule 4, paragraph 9, sub-paragraph 5). However, I am not sure how to word this in my appeal to them.
I read "KER" thread 611, won without needing to go to POPLA, so wondered if there was a template I could use - I do not want to "get it wrong".
I look forward to any responses.

[mystery1]

Re: PCN received more than 14 days after the incident

What is the date on the letter ? Or even better the envelope ?

M1

[Kime]

Re: PCN received more than 14 days after the incident

The letter is dated the 8th December. I stupidly threw the envelope in the bin. But this is still more than 14 days after the incident.

[mystery1]

Re: PCN received more than 14 days after the incident

That works then :okay:

Dear sirs,

I, as registered keeper, wish to invoke your appeals procedure. I was not the driver of the vehicle at the time and date of the alleged overstay. I note the protection of freedoms act 2012 schedule 4 section 9 states that for keeper liabilty to apply the keeper must receive a notice to keeper within 14 days. The date of the incident was 21/11/14 and your notice to keeper is dated 8/12/14 and delivered sometime thereafter. According to my abacus the notice to keeper should have arrived no later than 5/12/14.

In any event your charges are penal in nature and not a genuine pre estimate of loss.

Should you reject my appeal please supply a popla code and be warned that i will constitute any further unwanted contact as harassment and will sue as per Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) , Roberts v Bank of Scotland Plc (Rev 1) [2013] EWCA Civ 882 (11 June 2013) and Bank of Scotland v Johnson (Rev 1) [2013] EWCA Civ 982 (19 June 2013).

Yours etc

M1

[Kime]

Re: PCN received more than 14 days after the incident

Thank you so much. I will keep you posted.

[Kime]

Re: PCN received more than 14 days after the incident

Just updating this. I have received a letter saying they are no longer perusing this PCN. ��
Thank you so much for your help.

[Herstel]

Re: PCN received more than 14 days after the incident

That works then :okay:

Dear sirs,

I, as registered keeper, wish to invoke your appeals procedure. I was not the driver of the vehicle at the time and date of the alleged overstay. I note the protection of freedoms act 2012 schedule 4 section 9 states that for keeper liabilty to apply the keeper must receive a notice to keeper within 14 days. The date of the incident was 21/11/14 and your notice to keeper is dated 8/12/14 and delivered sometime thereafter. According to my abacus the notice to keeper should have arrived no later than 5/12/14.

In any event your charges are penal in nature and not a genuine pre estimate of loss.

Should you reject my appeal please supply a popla code and be warned that i will constitute any further unwanted contact as harassment and will sue as per Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) , Roberts v Bank of Scotland Plc (Rev 1) [2013] EWCA Civ 882 (11 June 2013) and Bank of Scotland v Johnson (Rev 1) [2013] EWCA Civ 982 (19 June 2013).

Yours etc

M1

Hi all,

I am a Newbie. I am very dissapointed because I have just received (05/05/19) a PCN from BWLegal for a parking last 10/04/19. I called them back and they said that the two options were paid or go to court. Off course, I said go to court because I did pay the parking and I can demonstrate it from my bank statement. Unfortunatelly I don't have the parking receipt anymore.

In the PCN they said that the balance due is £160 and that

"As you have failed to make a payment or raise an appeal within 28 days from the date of the PCN, the balance due remains outstanding and we require payment in full within 14 days from the date of this letter. If you fail to ..."

Can someone tell me if:

1. Can I use the above letter from MYSTERY1 (changing the dates) and send it to BWL?
2. Can I use the bank statement to demonstrate that I did pay for the parking?

The contravention Description states: Failed to Validate Stay Or Make A Valid Payment.

Thank you in advanced

[ostell]

Can you start your own thread instead of hijacking someone else's? It gets confusing and can result in incorrect advice being given

Don't identify the driver, at least not yet