PCN from Civil Enforcement

[Tinny]

Hi everyone,
I got two different pcn from Civil Enforcement. I am the keeper of the vehicle. The driver had parked at two different times, for coffee at the Costa shop, whilst waiting to pick up toddler from school. The driver reported case to the shop who in return claimed there is nothing they can do. I as the keeper with knowledge from this website replied both letters. Will attach my reply, I truly never received the letter in time. Well they have replied and said it is both unsuccessful. Please would appreciate help from here on as I’m not sure what next to do. Will attach all available letters. Thank you.

[Tinny]

My reply is within the lines of what is below to the attached PCN;

I did not receive the notice that sent within 14 days and other non compliances on the copy of the notice, means that you have not complied with the requirements of POFA to hold me liable. Any further action will be considered as harassment

[Tinny]

The above an this I received before my reply

[Tinny]

The. I got this unsuccessful letter with popla number recently

[Tinny]

The pcn is two, therefore al the letters are two

[ostell]

So you tell POPLA that they have failed to comply with POFA and cannot therefore cannot hold you, the keeper, liable. State the actual POFA fail reference, ie 9 (4)

[Tinny]

Thank you!

[Tinny]

Hi ostell,
I have never written to POPLA before and since they may be the ones to cancel the ticket I want to approach them well. However, I am struggling to write the letter. Please do you have a template I can work with? Thank you..

[ostell]

Have a look in this forum. There are many POPLA appeals you can use as a template. The POFA failure comes first.

[Tinny]

Sirs,




TO

WHOM IT MAY CONCERN




I the keeper of Vehicle with reg no xxxxx

received 2 PCNS from xx about parking on private Land


However Civil Enforcement did not comply with the POFA rules To make me the keeper liable;




1) Failure to comply with POFA to be able to hold the keeper liable




9 (4) Failing to deliver the Notice to Keeper within the relevant period of 14 days.

Because the operator has not complied with the strict requirements of POFA liability cannot be transferred to the keeper.



I have made them aware of this and wrote back with a code to appeal to POPLA

[Tinny]

ostell It’s not much and I have only put the one out; like I said I have not appealed with POPLA and the forum did not give me much. Do you think the above is ok?

[ostell]

You are probably too late to get your POPLA appeal in. You were given 28 days. I'm sure you could have found some POLA appeals on the forum I pointed you to. You seem to have done no work on this at all. You are the only one that knows exactly what is on the PCN as you have only posted up the front page.

You only have 1 POPLA code and therefore you can not appeal both, they have to be done separately with the unique code.

Sirs,

With reference to POPLAcode xxxxxxx

I am the keeper of the vehicle and I make the following comments on this claim

1) The driver was not present for all of the time alleged. Two trips were made and this is a well known double dip incident where the intervening exit and reentry have not been noted correctly because of a failure in the operator's equipment/processing. No breach of the conditions actually occurred.


2) The Notice to Keeper I received failed to comply with the Protection of Freedoms Act 2012 on several points

• Failure to meet the requirement of 9 (4) by delivering within the relevant period of 14 days
• Failed to provide a period of parking contrary yo 9 (2) (1). Time between cameras, when the car is moving, is not parking
• Failed to give the required warning in 9 (2) (f)
• Failed to invite payment contrary to 9 (2) (e)
• Failed to specify the date sent 9 (2) (i)
• Failed to identify the creditor contrary to 9 (2) (h)
• and any other missing or incorrect items and delete as necessary if they are on the reverse.

3) I believe the operator does not have authority to operate on the site and I require sight of the contract giving the alleged authority. A witness statement saying that the contract exists is insufficient.

4) the signage is unclear. I wish the operator to provide details of the signage on site at the date of the alleged breach, together with a map of the location of the signs.



Check it all over, check it is true. Convert to PDF and then send it to POPLA as an attachment after you have selected "Other" as the reason.

If you do it today then you might just creep in under the fence.

[Tinny]

error

[Tinny]

@ostell thank you for the above. I had a lot I was dealing with personally at the time and with the ticket, it became quite overwhelming for me. I had two codes and I managed to put one in. I realised I could not write the initial text I put up, I did modify it a lot better than the text I wrote out.

I only saw your reply today. Unfortunately before I could gather enough information to put in the 2nd reply for the other POPLA code it had expired. I’m rather confused as what to do next.

The one that went through I am yet to hear back from them.

[ostell]

All you can do now is sit tight and ignore letters from debt collectors but do not ignore a letter before claim, if it arrives.