PCN from CEL - no "notice to keeper"

rooo

The keeper of the vehicle received a "Parking Charge Notice" from Civil Enforcement Ltd for being in a 90 minutes max car park for too long. The keeper was (genuinely) held for too long at an appointment because of a problem during the appointment.

Now I think there is a problem with the dates on the notice, but I don't know if the POFA applies because nowhere on the letter does it say "notice to keeper". The keepers name and address is in the address window and that's it.

The letter shows the "PCN Issue Date" being 19 days after the "Incident Date". It was received 3 days after the issue date.

Any advice on if this notice is valid? And if so, would you mention the appointment on the letter, or just keep it to the standard points?

nigelbb

This cannot be a Notice To Keeper as it is out of time therefore it is merely a speculative invoice. All that is required is a simple response that there is no keeper liability for any unpaid parking charge & that CEL must take the matter up with the driver who you are not obliged to name. Do not under any circumstances start wittering on about a delayed appointment or anything else that happened on the day that may support the assumption that the Registered Keeper was also the driver.

Castle

If the issue date is 19 days after the event then it fails to comply with the POFA requirements: so only the driver is potentially liable.

Don't mention the appointment as mitigation doesn't count and I'm assuming that the keeper was a passenger in the car, not the driver (hint!)

rooo

So would you mention the other things that are in the template letter ([FONT=&quot]disproportionate, [/FONT][FONT=&quot]extravagant, n[/FONT][FONT=&quot][FONT=&quot]o evidence, [/FONT][/FONT][FONT=&quot][FONT=&quot][FONT=&quot]signs were not seen/are ambiguous) or just the POFA line[/FONT][/FONT][/FONT]? And what about the drop hands offer - is that relevant in this case?

Thanks for your help!

Coupon-mad

Yes just use the template. Don't over-think it. The whole lot is relevant and I wrote the 'drop-hands' offer in deliberately. Appeal by EMAIL.

At POPLA stage you can go to town about 'no keeper liability' and come back here for advice.

rooo

Many thanks for your help, the keeper has emailed that off now.

It genuinely wasn't me, so I'll keep checking with them to see what replies they get!