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    • mayflyjules
    • By mayflyjules 18th Mar 17, 1:36 PM
    • 2Posts
    • 2Thanks
    PCN from Civil Enforcement Ltd - Need help with appeal email
    • #1
    • 18th Mar 17, 1:36 PM
    PCN from Civil Enforcement Ltd - Need help with appeal email 18th Mar 17 at 1:36 PM

    I have received a PCN/NTK from CEL well after the 14 day window to comply with POFA 2012, and I'm looking for some help wording an appeal email to them based on no keeper liability. I have read the pinned post and done a lot of searching and come up with the below email, but I have 2 outstanding questions:

    1. I feel like it would help if I cited some case law or something else regarding the fact that POPLA tend to throw out these cases where there is no keeper liability (to encourage them to accept my appeal), but I don't know what to cite. All the example appeal letters I've seen that do so using this argument are letters to POPLA, not the parking company, and the wording doesn't make sense to me or I can't tell if it's the right case law for my argument. Is it worth me adding this, and if so what should I put?

    2. I've seen people recommend saving the letter as a PDF and attaching it, but again I'm not sure if this is just for POPLA appeals or recommended for PPC appeal emails as well?

    I really want to avoid it going to POPLA if possible, as that seems to be additional hassle I don't need right now. I know it can happen that CEL accept appeals because I've seen other posts where people have reported success.

    I'm hoping you kind and knowledgeable forum members can help me Here's my email so far...

    __________________________________________________ _____________________
    "Dear Sir or Madam,

    Re. Parking Charge Notice No. XXXXXXXXXX

    I am writing to you as the registered keeper of the vehicle XXXX XXX.

    The issued notice to keeper states, "It is the driver's responsibility to pay this PCN", but you have neither named the driver nor produced any evidence as to the identity of the driver at the time of the incident. As the keeper of the vehicle, I am exercising my right not to name the driver. There will be no admissions as to who was driving and no assumptions can be made.

    Furthermore, the Protection of Freedoms Act 2012 Schedule 4 Paragraph 9(5) stipulates that for keeper liability to apply, the keeper must receive a notice to keeper within 14 days of the incident. Your notice to keeper states the incident date as 4th February 2017 and shows an issue date of 3rd March 2017, with the postal franking on the envelope also proving that the notice was posted on 3rd March 2017 (see attached image). According to my calculations, to comply with POFA 2012 the notice to keeper should have arrived no later than 18th February 2017 and therefore as keeper I cannot be held liable.

    I thereby respectfully request that you cancel the charge. Should you reject my appeal, please supply a POPLA code.

    Yours faithfully,

    __________________________________________________ _____________________
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    • Coupon-mad
    • By Coupon-mad 18th Mar 17, 4:06 PM
    • 43,987 Posts
    • 56,735 Thanks
    • #2
    • 18th Mar 17, 4:06 PM
    • #2
    • 18th Mar 17, 4:06 PM
    That's fine to kill off a CEL charge. I would just put that in the body of the email and add the keeper's name and address at the bottom.

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • mayflyjules
    • By mayflyjules 18th Mar 17, 4:44 PM
    • 2 Posts
    • 2 Thanks
    • #3
    • 18th Mar 17, 4:44 PM
    • #3
    • 18th Mar 17, 4:44 PM
    Many thanks, Coupon-mad!
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