Civil enforcement pcn at burger king

[Tee06]

Hello everyone.

I would appreciate if someone could help with suggestions on how to deal with this ticket. Someone took my car to have lunch and stayed for more than an hour at Burger KING, Unfortunately, when the ticket was sent to the Keeper, I did not received it as I had recently moved and my redirection did not pick the original letter. I only got the 2nd one which allowed 14 days to make payment and even the 14 days had expired before I got the letter please are there ideas on how I can tackle this case? Thank you

[ostell]

It's not unusual for what seems to be a second letter to be the actual first. Are they alleging a windscreen ticket? If not then you write back to them stating that you have not received their Notice to Keeper within the relevant period of 14 days and therefore you, as the keeper who was not driving, cannot be held liable for the actions of the driver. Tell them your new address.

Was the second letter suitably redirected? Can they provide proof of posting? You have, of course, proof of redirection that has been set up.

[Tee06]

ok, was thank you.

[ostell]

The picture of the PCN wasn't there.

[Tee06]

This is the only letter I have received.

[ostell]

It may be the only letterr but it would be nice to look at it.

[Tee06]

This is the letter.

[ostell]

So you write to them saying that this is the first communication you have received from them and therefore they have failed to meet the requirement under Schedule 4 of the Protection of Freedoms Act 2012 that requires the delivery of the Notice to Keeper within 14 days. You cannot, as the keeper be held liable because of this failure.

See what that brings up.

[Tee06]

ok, thank you very much. will keep you posted on their reply.

[Tee06]

Hi. ostell

I have received a reply from them. They sent me two letter, will upload them. Do let me know if you have a suggestions on how to deal with it. Thank you.

[Tee06]

hi ostell I believe you may not be available. please is there someone else with suggestions that would help?

thanks

[ostell]

Just respond to them restating the fact that despite their having an office copy of what was allegedly sent the fact that the notice was not received by within 14 days, and other non compliances on the copy of the notice, means that they have not complied with the requirements of POFA to hold you liable. Any further action will be considered as harassment

[Tee06]

ok, thank you ever so much

[Tee06]

Hi ostell I am yet to hear back from them. however I checked their website with the PCN and it stated that I had £0.00 to pay.

Thank you so much, I am grateful.