PCN from Civil Enforcement Ltd - Need help with appeal email

mayflyjules

Hi,

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,
[name]

[address]"
_______________________________________________________________________

Coupon-mad

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.

mayflyjules

Many thanks, Coupon-mad!

mayflyjules

Just a quick update - I received a letter yesterday from CEL advising that my parking ticket has been cancelled!!

Thanks for your help

Coupon-mad

Easy wasn't it?! They hate being reminded their NTKs are non-POFA.

mayflyjules

Well it took a few hours of research and amending my email, but it's a very nice feeling knowing I won

Jencoo_2

Hi mayflyjules, so I've got a similar pcn. It's got my name and address on it, but in small print at the bottom it does say it is the drivers responsibility to pay it. Also I see they issued it over a month since the incident occurred. Ur email you sent them seems really good. Do u think what I received is a ntk and I could try the same you did. Especially as it took theme over a month to issue it? THanks! :T

Fruitcake

Jencoo wrote: »

Hi mayflyjules, so I've got a similar pcn. It's got my name and address on it, but in small print at the bottom it does say it is the drivers responsibility to pay it. Also I see they issued it over a month since the incident occurred. Ur email you sent them seems really good. Do u think what I received is a ntk and I could try the same you did. Especially as it took theme over a month to issue it? THanks! :T

The OP hasn't visited MSE since the end of March so is unlikely to see your post.

Please read the Sticky thread for NEWBIES then start your own thread if you need further help.

Redx

Jencoo wrote: »

Do u think what I received is a ntk and I could try the same you did. Especially as it took theme over a month to issue it? THanks! :T

yes , is the answer to the questions

please start your own thread if you need further help

mayflyjules

Hi Jencoo,

Yes, it sounds like you are in the same situation, so it's worth giving the email a go. Good luck!

Mlliepcn

Hi all

I have the same issue, but with the PCN issued at 16 days, received on day 18. Also, they have used my middle name on the PCN, not my official name, and it's spelled incorrectly. Would that make any difference? I am baffled as to how they have made this mistake/assumption as to the name I use (even if I do normally go by my middle name, lol)

Any thoughts?

Thanks