Received PCN FROM Euro Parking Services

Darren104

 Sent to me as the registered keeper but i was not the driver. The offence date date was on the 29/06/2021and sent out on 14/07//2021 and received in the post on 17/07/2021. Am I correct in thinking that this should have been sent to me within 14 days, so should of received by 13/07/2021. Do I have grounds to appeal this PCN.

KeithP

Darren104 said:

 Sent to me as the registered keeper but i was not the driver. The offence date date was on the 29/06/2021and sent out on 14/07//2021 and received in the post on 17/07/2021. Am I correct in thinking that this should have been sent to me within 14 days, so should of received by 13/07/2021. Do I have grounds to appeal this PCN.

Of course you have grounds to appeal.

Those dates prove conclusively that the Notice to Keeper did not arrive with the keeper in time for any driver's liability to be transferred to the keeper.

Send the blue text template appeal easily found in the first post of the NEWBIES thread. 
Send it unchanged.
Send it as the keeper.

Le_Kirk

You can check this by asking Auntie Google to show you POFA but, providing that there was no Notice to Driver (Windscreen Ticket) the following is true: -

(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.
(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

Darren104

Thanks guys. Definitely no window ticket, APR managed site. This notice came through the post

Umkomaas

The NtK is outside the time limit for them to hold the keeper liable under the Protection of Freedoms Act 2012 (Schedule 4), but it does not make it void (nothing does).  It is an invitation to provide the PPC with the identification and an address for service of the driver. It is not obligatory for you to do so, and especially if you were provably not the driver, we wouldn't recommend it either. 

The PPC will more than likely try on 'the assumption that the keeper was also the driver - unless proved otherwise'. While there isn't any precedent they can use to pin that bit of nonsense on you, if you do have proof of being somewhere else (or similar) and therefore definitely not the driver get that now. 

Ultimately they might try a court claim, then you rely on a Judge finding for you. 

Use the blue text initial appeal template from the NEWBIES FAQ Announcement, first post, adding line that you were definitely not the driver, you are not obliged to provide them with the identification of the driver, and you will not be doing so. 

They will reject it (every PPC rejects initial appeals), then you move to the next stage depending on what they subsequently do. 

How did your complaint to The Moor Centre go? 

Darren104

I was at work at the time of this alleged contravention and can prove that easily enough. The driver has receipts on monies spent at 3 retail stores, but all 3 of the retailers said the car park is nothing to do with them and cannot get the PCN cancelled. i am not sure who the landowner is at this time. 

Darren104

Is the initial newbies appeal letter, the correct one to send as it does not mention the POFA or 14 day deadlines.
Could i send this following one or include this information with the newbies letter....

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours 

Redx

I would add that I was not the driver !!

Umkomaas

Get your evidence now that you were at work at the time of the parking event.  A claim could come at any time in the next 6 years, so scratching round for that evidence in (say) 5 years time will be a lot more difficult than it will be today. 

By all means use that appeal either on its own or as an addition to the blue text one, but be aware, nothing you say at this stage will achieve a cancellation. That draft looks very much like one that ostell over on PePiPoo offers - it's good.

Darren104

Thank you, had it from legal beagles, yes Ostell

D_P_Dance

Have you complained to your MP?