Penalty charge notice

[Bella19]

I received a PCN last month in the post but was told it needed to be sent to me within 14 days. I used the car park on 15th July and the PCN was dated and posted on 29th July, I received it on 3rd August. I appealed against the PCN but they keep asking who was driving the car. I have appealed twice against this stating each time that I was not received within 14 days. My appeal has been rejected. Am I right in thinking the PCN must be sent within 14 days. The parking company are Excel parking.

[ostell]

Yes, without a windscreen notice the notice has to be DELIVERED within 14 days to be able to hold the keeper liable if they do not know the identity of the driver. There is no legal requirement to identify the driver.

It was posted on day 14 and POFA states that it is assumed delivered 2 working days later, which takes it to day 16, outside the relevant period. Perhaps you could explain their failure in detail when/if you write to them again.

There are probably other POFA failures in that NTK. Here's POFA: http://www.legislation.gov.uk/ukpga/...dule/4/enacted Check paragraph 9 to see what else they have missed, especially.ly 9 (2).

P.S. it's not a penalty, it's an invoice for an alleged breach if conditions