Excel PCN NTH 100 days old (67 working days)

VF_1

I’ve everyone, I'm new here, and have read the Newbies post and checked the POFA Schedule 4 a few times

I'd just like to check if my understanding of periods of notice is correct...

I got a PCN Notice to Hirer (worded as "Hirer Notification") passed to me from my boss for a company car my company leases, and I use.

The PCN is from Excel.

Parking Contravention date:  18/03/23

PCN Issued date: 26/06/23

So it’s been 100 days from the parking contravention until the issue date on the PCN NTH.

It’s been 67 working days since the parking event (18th March to 26th June).

The PCN NTH states it is following on from a Notice to Keeper.

From reading the POFA  am I correct to understand that Excel's deadline is 49 (28 {section 13(2)} + 21 {section 14(2 and 3)} working days from the 19/03/23 (day after the contravention)?

…and therefore if the current working days from the contravention is 67, then Excel is not following POFA?

I've tried to find more info on this and read elsewhere that PPC's can have 6 months to issue PCNs, but this seems to contradict what i read in the POFA, or more likely I am reading the POFA wrong and my understanding is incorrect?

Thanks for any help, i've read through the Newbie post and POFA multiple times and keep thinking my conclusion must be wrong.

Fruitcake

The DVLA gives them 6 months to obtain keeper data and their trade association gives them another month to issue a NTK, but because they are unregulated they can issue them any time they please. They don't have to rely on the PoFA, but if they want to hold a keeper or hirer liable then they have to follow the PoFA dates.

In the sticky Announcement for NEWBIES you will find a hirer appeal written by edna basher. There are three to choose from but one is for fleet manager so you will want to use one of the other two.

Dates aren't the only requirement that are relevant. Paras 13 and 14 require the PPC to include certain documents including the hire agreement. If they haven't been included then that's another PoFA breach, so include that as well as Excel being out of time.

Do not reveal the driver's identity, so don't mention who may or may not use the car as that will implicate the driver. 

Post your draft appeal here for checking before you submit it.

VF_1

Thanks, I've already prepared one of Edna Bashers templates, just wasn't sure if my understanding was correct, i've included the Keeper docs/ hire agreement notes...

Dear Sir,

 

Parking Charge Notice Ref. "": Vehicle Registration ""

 

We are in receipt of the above-detailed Parking Charge Notice ("PCN") dated 26th June 2023 and issued by Excel Parking Ltd to our company "" in respect of an unpaid parking charge allegedly incurred at "" on 18th March 2023.

 

We confirm that "" is the vehicle's hirer for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 ("POFA") and we write to dispute this PCN.

 

The PCN failed to comply with the strict requirements of Schedule 4 of POFA, that being the PCN HN was issued 67 days after the contravention date along with no NTK documents/hire agreement, and consequently Excel Parking Ltd has forfeited any right to claim unpaid parking charges from "" as the vehicle's hirer.

 

Within 28 days please provide us with written confirmation of Excel Parking Ltd acceptance that it cannot and does not hold "" liable for this parking charge.

 

Thank you for your cooperation and we look forward to receiving this confirmation.

 

Yours faithfully etc.

 

Fruitcake

You need to include the PoFA paragraph numbers with which Excel have failed to comply.

VF_1

Ok thanks, like this?

Dear Sir,

 

Parking Charge Notice Ref. "": Vehicle Registration ""

 

We are in receipt of the above-detailed Parking Charge Notice ("PCN") dated 26th June 2023 and issued by Excel Parking Ltd to our company "" in respect of an unpaid parking charge allegedly incurred at "" on 18th March 2023.

 

We confirm that "" is the vehicle's hirer for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 ("POFA") and we write to dispute this PCN.

 

The PCN failed to comply with the strict requirements of Schedule 4 of POFA Paragraphs 13 and 14, that being the PCN HN was issued 67 days after the contravention date along with no NTK documents/hire agreement, and consequently Excel Parking Ltd has forfeited any right to claim unpaid parking charges from "" as the vehicle's hirer.

 

Within 28 days please provide us with written confirmation of Excel Parking Ltd acceptance that it cannot and does not hold "" liable for this parking charge.

 

Thank you for your cooperation and we look forward to receiving this confirmation.

 

Yours faithfully etc.

Coupon-mad

Presumably the NTH is addressed to your company so are you responding as 'the company'?

You as an individual named person can't appeal a PCN addressed to a company.

VF_1

yes the plan is check all this and pass it back to my company with a template response to send onto PPC

VF_1

Does the above all make sense? Ok to proceed?

Coupon-mad

Yes - very good.

Fruitcake

Finished with "name of company" after "yours faithfully", not with someone's name on behalf of the company.

1505grandad

"......and issued by Excel Parking Ltd to our company ...."  

Perhaps put the correct company name  -  "Excel Parking Services Ltd" in all the references.