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Pcn received 2 months later

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  • Pcn received 2 months later

    Hi folks, new to this site, and hoping to get an answer to a parking notice My wife received from group Nexus, my wife who is the registered owner got a parking notice and fine as she was caught on camera driving into the car park and then back out of the car park, no windscreen ticket was issued, she knew she was staying for two hours but didn’t put enough on the parking to cover two hours she has proof she paid £1 which would only cover her for one hour she stayed for one hour 51 minutes,, my issue is that the parking offence was on the 23rd of August 2021 and we have just received the parking notice dated 22nd of October 2021 Can she appeal on the grounds that it wasn’t sent within 14 days, appreciate your help with drafting a letter of appeal, thanks, Barry
    Tags: None

  • #2
    I believe by law it must be within 28 days so certainly appeal.
    14days is paying in time for 50% reductt.

    Comment


    • #3
      No, completely wrong. With no windscreen ticket the PCN has to be received by the keeper within 14 days of the event for the keeper to be held liable. With a windscreen ticket the the notice has to be served after day 28 and before day 56.

      OP edit your post so that the identity of the driver cannot be inferred, the driver drove, the keeper received the letter.

      There is no such animal as the registered owner, only the registered keeper so another edit

      Is this a a lease car, if not then:

      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.

      I was not the driver at the time and as there is no legal requirement to name the driver 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 free certificate of posting from a post office

      Check for any other fails by comparing to 9 (2) of POFA https://www.legislation.gov.uk/ukpga...dule/4/enacted

      Comment


      • #4
        Thanks for the correction Ostall. I hadn't looked closely enough. I appreciate keeping learning.

        Comment


        • #5
          hi guys thanks for your speedy responce, i acctually wasnt the driver, but was in the passenger seat, and paid for the parking on my debit card, and i guess they can prove the £1 parking was paid from my card, would this infer that i was the driver if i paid for the parking ?, thanks

          Comment


          • #6
            How can they prove it was your card? They only have a number. I have modified the appeal

            Comment

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