Hi and another PCN!

[fabiofabio]

New to the forum so wanted to say Hi!

I've received a PCN as a registered keeper of a vehicle that allegedly was parked illegally. I received the PCN from Excel parking services approx 6 weeks after the 'incident' so have written them a letter to explain this using a template found on legal beagles. I have also told them i will not be disclosing the driver details. They have responded with a letter stating that unless i provide the driver details they can pursue me liable for the charge. Is this correct? The charge has now grown by another £70 pounds to £150. I'm guessing this could be a scare tactic. Any help, advice greatly appreciated!

[ostell]

Which template? And has the driver been identified?

How about posting up a redacted copy of the PCN but leave dates

They can claim from the keeper using POFA.

[fabiofabio]

Which template? And has the driver been identified?

How about posting up a redacted copy of the PCN but leave dates

They can claim from the keeper using POFA.

many thanks Ostel for your reply. This is the template that I have sent. I will get a copy of the correspondence posted later on.

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 have also failed to give notice of keeper liability as required by 9 (2) (f) of the same 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

[fabiofabio]

Just to add the driver hasn’t been identified and was hoping the 14 day rule would be enough.

[fabiofabio]

[fabiofabio]

As can been seen the 14 days that the company has to issue a PCN has been exceeded. It was nearly 7 weeks! I have now received a final demand threatening court action.

[ostell]

Write to them and ask for the response to your appeal sent xxxx