Highview Parking PCN

[flobmac]

Hi there. I received a PCN from Highview Parking as attached. I was not the driver of the vehicle but I am the registered keeper. The date of parking was 17/6/20, the date of the PCN is 29/6/20 and it was received by me today 2/7/20. Please can you help advise how I respond to this to defend it.

[des8]

First thing is to redact that PCN so there are no identifying details showing.
Leave dates visible.
Others will be along to advise course of action*

[ostell]

I really need to see the reverse of the NTK to check but a suitable response would be:


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 notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

I was not the driver at the time and as there is no legal requirement to name the driver 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

if you can first class post with free certificate of posting.

There are several other POFA fails in the letter which will stand you in good stead for your later appeal to POPLA

Did you keep the envelope that the NTK arrived in? It appears to have arrived on day 15, too late to hold the keeper liable

[flobmac]

I really need to see the reverse of the NTK to check but a suitable response would be:


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 notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

I was not the driver at the time and as there is no legal requirement to name the driver 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

if you can first class post with free certificate of posting.

There are several other POFA fails in the letter which will stand you in good stead for your later appeal to POPLA

Did you keep the envelope that the NTK arrived in? It appears to have arrived on day 15, too late to hold the keeper liable

Thank you OSTELL. Yes I kept the envelope and it arrived 15 days after the parking date.

[ostell]

What details were on the envelope?

[flobmac]

What details were on the envelope?

Unfortunately it was not date marked. I was under the impression they had 14 days plus 2 days for postage, so perhaps 15 days is within limits.

[ostell]

They have 14 days total. Many seem to date their letters on day 12. Could this be a coincidence? Othe legislation say this 2 days for delivery when using 1st class post, which the PPCs don't do, and POFA doesn't state 1st class.

get that appeal off and get your POPLA reference and put all the fails into that appeal, including the failed to deliver within 14 days

get your NTK back on after edits

[flobmac]

Thanks for the advice all. I've attached front and back page of the NTK with details blocked.