APCOA - ANPR PCN - 4 Months after Event

[Guest]

Hi,
Ive found this great forum for appealing to PCN's. The ticket in question relates to parking at a APCOA parking site. The PCN states the issue of notice as 07/01/21 with the contravention on 25/08/2020.

I have picked up POFA 2012 Section Schedule 4 paragraphs 8(5) or 9(5) specify the time limits for serving a Notice to Keeper. If this is not complied with then the registered keeper cannot be held to account for the alleged debt of the driver.

A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid, must be delivered either

1. (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or
2. (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked

However;
The letter does not reference POFA 2012 anywhere so is this still relevant? Or would i be equally correct to state that as they have not issued within 14 days I do not have to inform them of the driver?

Thanks

[ostell]

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 deliver the notice within the relevant period of 14 days as prescribed by section 9 (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

They don't have to mention it specifically but the required wording must be there

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