CUP enforcement PC

[Ruxi3101]

Hello,

I have received a CUP enforcement PC for being parked on or within a no parking area. The problem is that I didn't even park there, I only reversed my car and carry on my journey. There are 2 pictures on the letter but both with the same time (12:46:20)…so how are they saying that I parked there? Any advice please? I feel that spot is like a trap a I saw that another member received a PCN in the same area.
Also the contravention date is 18:07:2024 and the notice date is 25/09/2024..so over 30 days.
What shall I do please as I don't have the money to pay it and I don't think that I did something wrong.

[Ruxi3101]

Here is the letter. Thank you

[des8]

I would write to them along the following lines:

Dear Sirs,
I have 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 (i), failing to specify the period of parking to which this notice applies as prescribed by section 9 (2) (e) of the Act.
and (ii), 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.

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

Ensure you do not identify the driver

[Ruxi3101]

Thank you very much for your help. Shall I send them
A special delivery letter and put all you said or it will be better to appeal it? I'm afraid that they won't take into consideration my letter and I don't have an email for them..
Thank you again and sorry to reply so late.

[des8]

~~I would send first class with free certificate of posting from post office.

Whether you send a letter or appeal via their portal (or both) I don't expect them to accept it.
To accept appeals as valid is rare with parking companies (altho' it does happen occasionally!) as that action does not produce an income

Sometimes the matter is taken as far as court before they discontinue, or even into court where they may or may not win.
It becomes a bit of a lottery

[Ruxi3101]

I'm Just scared that I will have to pay the full penalty agterthe 14 days from the letter which I don't want and don't think that I should pay it

[des8]

With the errors they have made on that notice they should not win if the matter ever gats as far as court.

Without proof of who was driving (so never identify the driver when communicating with them or even here) they can only transfer liability for any charge to the registered keeper if they follow the rules.
One of those rules is that the notice must state the period of parking, which they don't,.
So come to court as the driver didn't actually park and they cannot show a period of parking they will lose.

Another rule is about the time limit in which they have to deliver the notice
Again a failure on their part so they will lose

[Ruxi3101]

Thank you very much for all your replies.