'Formal Demand' of parking ticket received 112 days after 'offence'

Ticketvic

Hi there,

I have unfortunately received a 'formal demand' from Ethical Parking Management issued a day in January in a car park in England when a relative borrowed my car. Apparently there was nothing left on the windscreen despite the 'demand' claiming a 'contractual breach charge was issued to the driver' AND the correct ticket was purchased and displayed according to my relative. I've had a read through the forum and understand that this notice should reach me no later than day 56 after the incident, however the date of the letter is 112 days after the incident!?!?
They quote that the keeper will become liable for the balance under the POFA 2012 but as they have failed to follow the basic rules themselves do they have the right to harass me for this balance?

I plan to write to them using the template on the newbies thread, adding the lateness of their first notice as point no. 4 but wanted to check that this was the right thing to do first.

Kind regards

Redx

yes , do that

the RK cannot be liable for this after day 56 has passed so pofa doesnt apply, leaving them with the old option of pursuing the driver for up to 6 years (and you wont tell them who was driving either , lol)

Stroma

Appeal using the template letter, send it via the post office with proof of postage, and if they have it electronically as well. They are in breach of pofa 2012, so complain to the bpa and dvla as well, they are quoting the legislation so are out of time.

Ensure you enclose the letter you've received that clearly shows the date of ticket and date of Notice to Keeper, that alone shows an instant fail in pofa 2012 and doesn't allow them to hold the keeper liable.

Coupon-mad

Ethical Group have their useless HQ in Worthing - I drove past it only the other day on my way to take my DD to a meeting at her college somewhere in West Sussex. I must admit I laugh every time I see it because they used to be clampers until the Govt took their toys away. And of course you have to laugh at the oxymoron of their choice of company name! Easy to beat at POPLA but expect some kicking and screaming first, that you are 'too late to appeal' (you are not, the keeper can only appeal when they get the first letter, if they didn't get any windscreen PCN which of course...the driver in your case didn't).

Ticketvic

To make their time keeping skills appear even more shabby they have also applied to the DVLA outside of the 28day limit. I know this because I have recently changed my address and the date I sent off my logbook falls out side the 28 day window in which they have to ask the DVLA for my details. Shall I add this also or leave this for when they, no doubt, reject my first letter?

Kind regards

Coupon-mad

You could add it to rub their noses in it!