Parking Charge Notice - Received after 14 days

[HappyBadger]

Hi,

I have received a PCN from Britania Parking, the contravention was dated on 27/02/2021, date of issue was 05/03/2021. I have only received this in the post today 24/03/2021. I read on Citizens advice that if I had not received the PCN within 14 days of the last day of parking then I should inform them that I don't have pay.

Is this PCN now invalid or do I still have to pay?

Kind Regards

HappyBadger

[ostell]

It is true that they have to deliver within 14 days. Difficult to prove that they didn't send on 05/03.

Dear Sirs,

I have today, 24/03/2021, 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 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

First class post with a free certificate of posting from a post office

I presume there was no indication on the envelope that it was Royal Mail

Can you post up the redacted PCN to check other failures

[HappyBadger]

Hi Ostell,

I have attached my PCN with redactions for you to look through.

On the envelope at the top right is a delivered by Royal Mail print.

[ostell]

Delivered by royal mail usually means it's a third party postal service and only the last part of the process is royal mail. I presume that there are no cancelled stamps or franking.

Add in to that letter that they have also failed to give an invitation to the keeper in the format pre ribed by POFA 9 (2) (e)

They will usually reject but then your appeal to POPLA should be successful

[HappyBadger]

Delivered by royal mail usually means it's a third party postal service and only the last part of the process is royal mail. I presume that there are no cancelled stamps or franking.

Add in to that letter that they have also failed to give an invitation to the keeper in the format pre ribed by POFA 9 (2) (e)

They will usually reject but then your appeal to POPLA should be successful

I have started an appeal with Britannia Parking so should I just wait for them to respond first?

It says on the PCN that POPLA will not appeal unless I have appealed to Britannia Parking first.

[ostell]

Yes you have to appeal to Britannia first.

What was your appeal?

[HappyBadger]

Hi Ostell,

I have attached a snippet of the Citizens advice page which states that the PCN needs to be delivered within 14 days and responded with the below;

Dear Sirs,

I have today, 24/03/2021, 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 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.

You have also failed to give an invitation to the keeper in the format pre ribed by POFA 9 (2) (e)

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