PCN to registered keeper received

Ben01

Hi All,

I wonder if anyone can help? I received a PCN from Civil Enforcement issued on 14/06/2016 from an incident date of 15/05/2016. There was no ticket issued to the driver as they use ANPR. They appeared to comply with all of shedule4 other than not asking who the driver was and inviting me to pay as the registered keeper. I then wrote to civil enforcement on 2nd august which i've copied and pasted below:

"Having recently returned home from working away, I noticed your ‘final demand for payment’ and then your ‘Parking Charge Notice’ to the registered keeper of the vehicle dated 14th June 2016, for an alleged incident which took place on 15th May 2016.

As no notice to driver was issued at the time of the alleged incident, the notice to keeper is invalid under schedule 4 of the Protections of Freedoms Act 2012 as the notice was not issued until 30 days after the alleged incident took place instead of the maximum 14 days allowed as stipulated under schedule 4, paragraph 9. Therefore the conditions of paragraph 6 of schedule 4 have not been complied with meaning that as the registered keeper of the vehicle I cannot be held to account for the alleged debt of the driver. I will therefore not be paying.

I reserve the right to contact the DVLA and the Information Commissioners Office as I believe my details have been obtained unlawfully and I expect written confirmation that this parking charge notice has been cancelled.

Yours faithfully,"

instead of accnowleging my letter, they have now written back and totally ignored it and giving me 14 days to pay the 'new' increased price of £140. Can anyone suggest what to do next?

The_Slithy_Tove

Yes. Ignore them from now on. You didn't appeal/challenge within their limit from the issue of the Notice to Keeper, so POPLA isn't really open to you, which is a shame, as you could have killed it then.

All you can do is wait and see now. File all letters, and respond ONLY when you get a real Letter Before Action or real court papers.

Ben01

Thanks Slithy,

I didn't respond as i was away for a couple of months and didn't pick up my post! their letter was a letter before court action, so would i be best waiting for them to take me to court and then put in a defense on the grounds of them ignoring my letter and the fact that they didn't serve the notice to keeper within the specified time period?