PCN dated August 2017 charged January 2018

[JA66]

Hi

I wondered if you could advise me on this issue.

We have received a PCN from August 2017 in January 2018. I have appealed and they have replied stating that in accordance with the DVLA and BPA rules PCN can be issued up to six months from the date of the contravention.

Is this correct? Is there anything I can do?

[Kati]

tagging charitynjw ostell

[ostell]

PCN can be issued any time they like BUT to hold the keeper liable it has to be received by the keeper within 14 days if there is no windscreen ticket. With a windscreen ticket it must be received after day 28 and before day 56.

Has the identity of the driver been revealed? A simple yes or no please.

http://www.legislation.gov.uk/ukpga/...dule/4/enacted Look at pargraph 9 for no windscreen ticket otherwise paragraph 8

Post up a copy of the PCN received with identifying details removed Leave dates. Similarly can we see your appeal, again sutably redacted.

[JA66]

Hi Ostell thanks for answering.
No I have not given the identity but they are asking for it.. I have uploaded the info as PDF I hope you can open the attachments.

[JA66]

201802081152.pdf 201802081152-1.pdf 201802081153.pdf

[ostell]

The PCN was not POFA compliant in the wording. 9 (2) (f) was not present (I didn't check for other missing bits of 9 (2). Note that 9 (2) says the items MUST be in a PCN. Unless of course, it is on the back. They even say in their response that they are not relying on POFA.

They are asking for the driver details because they can only continue against the driver as they know they can't claim against the keeper. There is no legal requirement for the keeper to identify the driver so don't

Just stay quiet for the time being and see if they give you POPLA code. File any paperwork you receive. Appeal to POPLA will be a sure fire winner.

[JA66]

Ostell thank you so much for your advice. I will do as you suggest and will post any further developments.

[JA66]

Notice cancelled!!

Thanks again Ostell for helping in my hour of need!!