CIVIL ENFORCEMENT - PCN RECEIVED LATE BY MAIL

scx

Hi everyone, i hope my  situation is pertinent enough to be able to get a reply. On the 21/04/2022 i overstayed a shop parking above 75 minutes.  In the last 3 or 4 days i received a PCN letter from Civil Enforcement LTD, allegedly with ''the issue date of this reminder notification from 17/05/2022''  while PCN issue date is 26/04/2022 - but to this point i haven't received any other letter but this one received  between 22nd or 26th of May. On the bottom of the paper it says i can only appeal within 28 days of PCN issue date, wich deffinetly is overdue.  what can i do ?

Umkomaas

Is this your vehicle or a hire/lease/company vehicle?  If not, is your current address showing on your V5C (logbook)?  Please check, don't guess.

scx

yes, its my own vehicle,  i have the same adress in the V5c where i received this late PCN. 

Not_A_Hope

Some PPCs have form for not sending PCNs out and hope that their victim panics when they receive the reminder ring them up, admit to being the driver and pay the higher amount because they have timed out on the early bird discount.

Suggest you read the Newbies thread near the top of the first page of the forum

scx

I used the following  template for appeal,   I am not going to pay this. what confused me is where they said i can only appeal within 28 days while the letter arrived  2 days later.  

26th May 2022

Dear Sirs

Ref: PCN No:....................

The above Parking Notice Charge has been received today, xx xx xxxx

As the registered keeper, I wish to appeal against this Notice on the grounds that it was not delivered to the above address within the statutory 14 days, as outlined in the Protection of Freedoms Act 2012.

Also that you don't have the necessary permission or authority to issue invoices to drivers. The amount demanded is not a genuine pre estimate of loss, thus a penalty.

Therefore I invite you to cancel this invoice, or supply a verification code so it can be raised at POPLA, they uphold all appeals on the above grounds.

Yours faithfully

I hope it will work, this forum helped me cancel another one a while back.  Thaks for your help

Coupon-mad

I hope you didn't send that:

 The amount demanded is not a genuine pre estimate of loss, thus a penalty.

The Supreme Court case killed that in 2015 (seven years ago).

This is why we have a template appeal already, in the NEWBIES thread. I hope you didn't choose 'driver' when uploading your appeal.

scx

hi. i used ''keeper'' option when i appealed.

Coupon-mad

That's good and the 14 day point is a winning one.  Don't repeat the 'no loss' argument at POPLA though.

scx

Hi, i received the POPLA code from civil enforcement LTD alongside a letter  where they are saying that they sent me the letter in time and that they followed POFA rules.  And i can pay the reduced rate  if i do it in 28 days, so nice of them haha But ill have to pay the full amount if appeal gets rejected by POPLA.  Whats a sticky thread with an appropriate example for my situation ? They are clearly lyeing that they sent me the letter in time.  

Coupon-mad

Just go to the 3rd post of the NEWBIES thread. Top of page one, in capitals.

See my signature if you were unaware that every page has a hyperlink to hop easily back to page one.

scx

how can i actually prove the letter arrived too late? in can't just scan the first letter they sent me, the dates on the ''reminder letter'' are just in time, only the letter arrived almost  a month later.   
issue date being 26/04, first letter received dated on  17/05 and arrived to me in june 22nd-23rd. they called it a reminder notification haha, but i havent received any other letter before. can i just scan their letter as proof and  use the following main argument? (alongside signage and others)

  The applicable section here is (b) because the NTK was delivered by post. Furthermore, paragraph 9(5) states: ’’The relevant period...is the period of 14 days beginning with the day after that on which the specified period of parking ended’’

The NTK sent to myself as Registered Keeper arrived 53 days after the alleged event. - see the attached PDF from ParkingEye with the ‘event date’ of DATE and the issue date of DATE (ie, over one full month later!