Parking Charge Notice held by Royal Mail keepsafe

[Ferryman]

I was on holiday when a car (I am registered keeper) was apparently parked on private land.* Some 2 months after the PCN was sent, I returned to the UK but not to home.* My post had been stored by Royal Mail keepsafe.* I was made aware of the Notice to Keeper, and responded to the parking company by email, with evidence that I left the country a month before the alleged incident, and returned more than 2 months after the notice was issued.* The only response I have from the issuer, is that the matter has been passed to a firm of debt collectors.* I have not been able to lodge a formal appeal as the web site does not allow this on the basis of time lapse since the alleged incident.* I contend that the notice to keeper was not satisfactorily served, and that has prevented me from investigating in a timely manner.* Has anyone come across this issue before?

[ostell]

It was served correctly, it was served to the address on your V5

However, post up the redacted PCN, leaving the dates, to see if they actually got it in the correct format to hold you liable as the keeper.* Suggest you post on imgur and put a link on here

Here's POFA for you to look at Particularly Para 9 if no windscreen ticket otherwise 8. If they have complied with the requirements then they can hold you liable for the chrge.

[Ferryman]

Thank you very much.* I'm not too sure it was served correctly reading the POFA.* Viz.* A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales. I can prove to the contrary that it was not delivered, as it was held by Royal Mail, until my return from travelling.* I will do the requested redacts on the PCN in a while.* I need to find out what imgur is and how to use it. In any case, I still need to find out who was using the car during my absence. I have not done anything on this yet as it will certainly cause friction somewhere in the family.

[Ferryman]

Hi, I have redacted the PCN and uploaded to imgur**https://imgur.com/a/rGZvEop

[ostell]

The NTK was delivered to the location that you set up.* You can try arguing that it wasn't delivered but I don't think you will succeed.*

Dear Sirs,

I have just received your Notice to Keeper 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 give the invitation to keeper in the format prescribed by section 9 (2) (e) 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.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc




*

[Ferryman]

Thanks OSTELL for the response.* Having been involved in minor legal cases a long time ago, where proof of service of legal documents was disputed,, and cases lost, I* will continue on the path that failure to evidence service will satisfy a court.* The presumption of service is not the same as proof of same.

[ostell]

It's up to you but you being away from the address that you registered the DVLA will not go well