Civil Enforcement ANPR Letter

R3y2727

Issue date 9/7/2021

R3y2727

Umkomaas said:

In terms of the CEL NtK, does it anywhere in the letter (often the back page, sometimes among all the guff on Hire/Lease Vehicles) make reference to the Protection of Freedoms Act 2012 (Schedule 4) para 9(2)(f)?

Also, please provide the date of the parking event and the Date of Issue of the NtK as shown on it. 

I can't see anything about Protection of Freedoms Act, date was 28 June 2021, issue date 9 July 2021

Castle

R3y2727 said:

Umkomaas said:

In terms of the CEL NtK, does it anywhere in the letter (often the back page, sometimes among all the guff on Hire/Lease Vehicles) make reference to the Protection of Freedoms Act 2012 (Schedule 4) para 9(2)(f)?

Also, please provide the date of the parking event and the Date of Issue of the NtK as shown on it. 

I can't see anything about Protection of Freedoms Act, date was 28 June 2021, issue date 9 July 2021

One day too late-issue date of Friday 9th July is deemed to have been received on Tuesday 13th July, (today!); which is the 15th day after the parking event.

R3y2727

Castle said:

R3y2727 said:

Umkomaas said:

In terms of the CEL NtK, does it anywhere in the letter (often the back page, sometimes among all the guff on Hire/Lease Vehicles) make reference to the Protection of Freedoms Act 2012 (Schedule 4) para 9(2)(f)?

Also, please provide the date of the parking event and the Date of Issue of the NtK as shown on it. 

I can't see anything about Protection of Freedoms Act, date was 28 June 2021, issue date 9 July 2021

One day too late-issue date of Friday 9th July is deemed to have been received on Tuesday 13th July, (today!); which is the 15th day after the parking event.

So I can challenge on that basis alone?

KeithP

R3y2727 said:

Castle said:

R3y2727 said:

Umkomaas said:

In terms of the CEL NtK, does it anywhere in the letter (often the back page, sometimes among all the guff on Hire/Lease Vehicles) make reference to the Protection of Freedoms Act 2012 (Schedule 4) para 9(2)(f)?

Also, please provide the date of the parking event and the Date of Issue of the NtK as shown on it. 

I can't see anything about Protection of Freedoms Act, date was 28 June 2021, issue date 9 July 2021

One day too late-issue date of Friday 9th July is deemed to have been received on Tuesday 13th July, (today!); which is the 15th day after the parking event.

So I can challenge on that basis alone?

You can certainly be assured that that Notice to Keeper is not capable of holding the keeper liable for anything that the driver may have done. Is that what you mean?

R3y2727

KeithP said:

R3y2727 said:

Castle said:

R3y2727 said:

Umkomaas said:

In terms of the CEL NtK, does it anywhere in the letter (often the back page, sometimes among all the guff on Hire/Lease Vehicles) make reference to the Protection of Freedoms Act 2012 (Schedule 4) para 9(2)(f)?

Also, please provide the date of the parking event and the Date of Issue of the NtK as shown on it. 

I can't see anything about Protection of Freedoms Act, date was 28 June 2021, issue date 9 July 2021

One day too late-issue date of Friday 9th July is deemed to have been received on Tuesday 13th July, (today!); which is the 15th day after the parking event.

So I can challenge on that basis alone?

You can certainly be assured that that Notice to Keeper is not capable of holding the keeper liable for anything that the driver may have done. Is that what you mean?

No, I mean on the basis of Castle's comment about being one day too late

KeithP

R3y2727 said:

KeithP said:

R3y2727 said:

Castle said:

R3y2727 said:

Umkomaas said:

In terms of the CEL NtK, does it anywhere in the letter (often the back page, sometimes among all the guff on Hire/Lease Vehicles) make reference to the Protection of Freedoms Act 2012 (Schedule 4) para 9(2)(f)?

Also, please provide the date of the parking event and the Date of Issue of the NtK as shown on it. 

I can't see anything about Protection of Freedoms Act, date was 28 June 2021, issue date 9 July 2021

One day too late-issue date of Friday 9th July is deemed to have been received on Tuesday 13th July, (today!); which is the 15th day after the parking event.

So I can challenge on that basis alone?

You can certainly be assured that that Notice to Keeper is not capable of holding the keeper liable for anything that the driver may have done. Is that what you mean?

No, I mean on the basis of Castle's comment about being one day too late

Yes that's exactly what I meant. 
With the NtK being late, it is incapable of transferring any driver's liability to the keeper.

But please don't think that will stop CEL blundering on. 

R3y2727

KeithP said:

R3y2727 said:

KeithP said:

R3y2727 said:

Castle said:

R3y2727 said:

Umkomaas said:

In terms of the CEL NtK, does it anywhere in the letter (often the back page, sometimes among all the guff on Hire/Lease Vehicles) make reference to the Protection of Freedoms Act 2012 (Schedule 4) para 9(2)(f)?

Also, please provide the date of the parking event and the Date of Issue of the NtK as shown on it. 

I can't see anything about Protection of Freedoms Act, date was 28 June 2021, issue date 9 July 2021

One day too late-issue date of Friday 9th July is deemed to have been received on Tuesday 13th July, (today!); which is the 15th day after the parking event.

So I can challenge on that basis alone?

You can certainly be assured that that Notice to Keeper is not capable of holding the keeper liable for anything that the driver may have done. Is that what you mean?

No, I mean on the basis of Castle's comment about being one day too late

Yes that's exactly what I meant. 
With the NtK being late, it is incapable of transferring any driver's liability to the keeper.

But please don't think that will stop CEL blundering on. 

Aah, ok.  This is all new to me, you're all being so helpful, thank you!

Redx

So , the basics are

No POFA warning to the keeper on the NTK
Outside the 14 day deadline under POFA for keeper liability

No parking contract on offer as it's forbidden signage at night , due to being permit only at night

Use the blue text template , appealing as keeper , no blabbing about who was driving

Add an extra line to state that

The PCN fails to comply with POFA under timescales and wording , so no keeper liability , so cancel the PCN forthwith or contact the Driver ( who shall not be named )

R3y2727

Redx said:

So , the basics are

No POFA warning to the keeper on the NTK
Outside the 14 day deadline under POFA for keeper liability

No parking contract on offer as it's forbidden signage at night , due to being permit only at night

Use the blue text template , appealing as keeper , no blabbing about who was driving

Add an extra line to state that

The PCN fails to comply with POFA under timescales and wording , so no keeper liability , so cancel the PCN forthwith or contact the Driver ( who shall not be named )

Brilliant, thank you so much for your advice