My PCN arrived very late so I sent a template letter and received this replay

JM16

I recently overstayed by 20 minutes (total 3 hours, 20 minutes) at Solihull Sears and appealed directly to Curry’s, who said they would cancel the charge. After a month and three visits, they clarified I had actually parked at Solihull Retail Park, not Sears, which was confusing since they are connected, and I entered through one side and exited through the other.

On day 29, I submitted an appeal, explaining that I wouldn’t pay since the PCN was sent late. Today, I received their response via email. What advice do you have for my next steps? 

Thanks in advance for helping !!! 

Dear Sir/Madam,

Thank you for your correspondence relating to your Parking Charge, the contents of which have been noted. 

The Charge in question was issued without invoking the Protection of Freedoms Act.  

In accordance with the DVLA and BPA rules, Charges can be issued up to seven months from the date of the parking contravention. 

Please forward to us the full name and address of the driver at the time this charge was incurred so that we can update our records accordingly.

We are placing this Charge on hold for 14 days from the date of this email to allow you to provide the details requested.

Yours faithfully,

CP Plus Ltd.

DE_612183

Well if it's not POFA compliant then they can't transfer liability from the driver to the keeper - did you admit to being the driver in the appeal?

Fruitcake

Have you read the sticky Announcement for NEWBIES?

If the PPC is asking for the driver's details, and they say they are not relying on the PoFA 2012, it implies the NTK was not PoFA compliant and is therefore incapable of holding the keeper liable.

The keeper should invoke Plan A in writing, (complaints to the landowner and the keeper's MP, without identifying the driver).

Failing that, the keeper should patiently await the PPC's rejection and a PoPLA code so they can then construct a winning PoPLA appeal based on no keeper liability.

The driver should sit on their hands in the corner and say and do nothing, without saying anywhere, including this forum, who was driving.

KeithP

JM16 said:

Today, I received their response via email. What advice do you have for my next steps? 

CP Plus Ltd.

Ignore that and wait patiently for your appeal rejection letter.

If their PCN is not POFA compliant, they cannot transfer any driver's liability to the keeper.
If they don't know who was driving then this is going nowhere.

Coupon-mad

And you will then win at POPLA by using the 'no keeper liability' appeal point already written for you in the 3rd post of the Newbies thread.

JM16

Hello,

Thank you for your responses. I wasn’t aware I had any as I didn’t receive email notifications (I must have them turned off). I also posted this question on Legal Beagles, and they explained the same thing you mentioned above — advice that I followed!

This morning, I received an email and am very pleased with the outcome!

Dear Sir/Madam,
 
Thank you for your correspondence relating to your Parking Charge.

Further to your representations, we have investigated your claims and can confirm that your Charge has subsequently been cancelled in full and no further action will be taken.

Please disregard any letters received that predate this email.

Yours faithfully,

The Appeals Team

Coupon-mad

Yay! As expected but glad it worked fast!