PCN to registered keeper not driver

[Sid0121]

You are right. I went through some old paperwork and found the PCN's that were issued at the time and i have also found the notice to keeper and they are not the same. I noticed on one of the PCN the 'time of observation' is not present and on one of the notice to keeper there is no mention that PPL do not know the name of the driver, not sure if this is also a failure on their side which i can use in my defence?


I have attached 4 images to this link . Both of the notice to keeper and PCN.


https://imgur.com/a/48JmqYi

[Sid0121]

Is that something that i can use in my defence?

[ostell]

And they have failed to comply with POFA in that they were not issued within 56 days of the event.

The appeal at the time would have been:

Dear Sirs,

I have just received your Notice to Keeper No. xxxxx for vehicle VRM xxxx

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 56 days as prescribed by section 8 (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 etc

Make of that what you will but this is what you will be using to repudiate the charge.

There is also no period of parking mentioned, 8 (2) (a)

[Sid0121]

Received this from the debt collection DCBL.

"To allow us to correspond with you via email and for data protection purposes, please confirm the following:
Your first line of address Your postcode "

Do i really have to give them my updated address?

I have provided my name and PCN charge reference when writing email to them last month.

[ostell]

Yes , just confirm ID and keep a record that you sent it just in case they try to take action against an old address

[Sid0121]

My current adress does not match the address on the letter of claim they sent as i have moved. So would you advise to make them aware of this and give them old address too or just to call them and discuss

[ostell]

Yes tell them " My new address for service is.....

[Sid0121]

Do you know how i can delete previous post?

[Celestine]

Done X

[ostell]

I've lost track on this. So you have a letter before claim

The letters were received outside of the relevant period, 14 days for no windscreen ticket otherwise 56

[Sid0121]

This was the email i sent and the appeal.


I acknowledge the letter you sent on 12th October October 2020.
I responded back to your client last year in October 2019 and i made it clear to your client that i was not the driver and cannot be held responsible.



In addition your client has failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act.



Your client have aslo failed to state the period of parking as required by 9 (2) (a) of the same act, as well as failed to state that the creditor does not know both the name and a current address for service for the driver as required by (8) (2)(a/e) of the same act and also failed to comply with POFA in that the documentation not being issued within 56days of the event.



There was no legal requirement to name the driver at the time. I made it clear to your client that any further communication with me on this matter, apart from confirmation of no further action and my details being removed from their records, will be considered vexatious and harassment. This included communication from Debt Collection companies.




This is the latest email i received from dcbl. Im thinking of giving driver details as the driver would be able to handle it better with paper work if it went to court. What do you think?

If this did go to court can i use this as a defence? That they failed to follow POFA


We write further to your email dated 18th November 2020. Thank you for providing your details for data protection. We have updated your address as requested.


DCB Legal Ltd note that you state our Client has failed to comply with the Protection of Freedoms Act 2012 and that you state there was no legal requirement to name the driver.



Our Client have previously confirmed that they have adhered to the Protections of Freedoms Act 2012 when issuing the Parking Charge’s. We have attached a copy of one of the Notice to Keeper’s for reference. We would suggest seeking your own independent legal advice on the matter.



We also note you have stated any further correspondence pursuing you for the outstanding balance would be considered “vexatious and harassment”.



Please note, pursuing a legally owed debt is not harassment. You may again wish to seek independent legal advice in this regard. Our client pursuing this matter through the Small Claims Court is the correct course of action.



You now have 30 days from the date of this letter to pay the outstanding balance of £320.00. Failure to do so will result in a claim being issued against you without further notice.



Payment can be made via bank transfer to our designated client account:-

[ostell]

The driver cannot rely on POFA.

Again write back and tell them that because of their clients failure to comply with the requirements of POFA they cannot transfer liability from the driver to the keeper, they need to be chasing the driver for this alleged debt. Instead you as the keeper, with no liability in this matter continue to receive threatening letters.