PCN received over 4 months after incident

POD64

Hello
I received a PCN from Metropark on 23/12/2019 for a vehicle driven by one of my engineers for "parking" on private property on 17/07/2019 between 07:22 and 07:44am. I am the managing director of the company and the PCN was addressed to the company name. I did some research and discovered that the PCN should have been posted within 14 days of the contravention taking place and appealed on their online facility on 16/01/2020 stating this and quoting the below:

4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

 The problem is that I can't remember exactly what I wrote and didn't think to screenshot it! To be honest I thought I wouldn't have any issues and it would be cut and dried! I am 99.9% sure that I didn't name the driver but they have now got my name. I got an email back from them on 27/01/2020 rejecting my appeal, surprise surprise. Part of the reason they gave was the below:

Please note: Schedule 4 of POFA 2012 was not referenced within the Notice to Keeper, our client are entitled to write to the keeper in regards to driver information.

This confused me and I have read multiple threads on here and I am still confused but still believe that they should have sent the PCN within the 14 days, am I right? I have since received a letter from  UCS, CSB Solicitors and now the most recent from DCBL all addressed to me and not the company. Oh and also a phone call to which I told them I had no intention of paying due to the PCN arriving so late. 

I know the advice is to ignore which I am happy to do as long as my original reason for not paying is correct and that they should have issued the fine within 14 days.

Thank you in advance for any advice received

nosferatu1001

You're right, but not totally. 

They only need to meet 14 days when they want to use POFA2012 to hold a keeper liable 
if they don't use pofa only the driver is liable. 

Redx

as above , POFA is not mandatory , sadly

Fruitcake

What happened when you complained to the landowner where the alleged event occurred?

Have you complained to your MP yet about this unregulated scam?

Send an SAR to the PPC as per the NEWBIES to flush out what you put in the appeal. Include a copy of the V5C or two redacted utility bills as proof of ID.

Ignore anything and everything you get from now on except real court papers.

Coupon-mad

 The problem is that I can't remember exactly what I wrote and didn't think to screenshot it! To be honest I thought I wouldn't have any issues and it would be cut and dried! I am 99.9% sure that I didn't name the driver but they have now got my name. I got an email back from them on 27/01/2020 rejecting my appeal, surprise surprise. Part of the reason they gave was the below:

Please note: Schedule 4 of POFA 2012 was not referenced within the Notice to Keeper, our client are entitled to write to the keeper in regards to driver information.

They are an IPC member so no appeal would have worked; it is a bent system:

https://theipc.info/aos-members/m

 I am the managing director of the company and the PCN was addressed to the company name.

Are these letters still in fact coming to the company, as in 'Your name' then Your company name...address'?

Reply to DCBLegal always as the 'company' (not as you, an individual person) if you get a Letter before Claim (see NEWBIES thread) but not to 'DCBL Collections'.  If the letter is from the latter it's just trash.  

The 'company' cannot be held liable outwith the POFA 2012, unless the driver is held to have been acting 'on behalf of' the company on an agent/principal basis.  Less likely that a Judge would believe that argument if the car park was a retail store, nothing to do with your company's line of work, and parked outside of normal working hours.    Is that the case?

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.