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Received a PCN from a pay later

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Comments

  • Coupon-mad
    Coupon-mad Posts: 157,622 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Look at the dates.

    You can work it out: it is lying about keeper liability and is Non-POFA due to the DATES.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • ryanstua
    ryanstua Posts: 19 Forumite
    Second Anniversary 10 Posts Name Dropper
    I am quite lost with this but think I understand it as:

    - The date of the incident was 10/05/2025.
    - The notice was sent on 23/05/2025.
    - However, under POFA, it is deemed delivered two working days after it was sent. Since 23/05/2025 was a Friday, it would have been delivered on 27/05/2025 (Monday).
    - That’s actually 17 days after the incident, exceeding the 14-day limit.


  • Coupon-mad
    Coupon-mad Posts: 157,622 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 June at 1:26AM
    Almost right - but 2 working days after that Friday is Wednesday 28th May (Saturdays don't count and the Monday was Bank Holiday).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • ryanstua
    ryanstua Posts: 19 Forumite
    Second Anniversary 10 Posts Name Dropper
    edited 5 June at 10:55AM

    Dear Sir/Madam,

    I am writing to formally challenge the Parking Charge Notice [PCN Number] issued for vehicle [Vehicle Registration Number]. This charge is invalid on two separate grounds, and I request its immediate cancellation.

    1. POFA Non-Compliance – No Keeper Liability

    The Notice to Keeper (NTK) fails to comply with the Protection of Freedoms Act 2012 (POFA) because:

    • The date of the alleged parking event was 10/05/2025.
    • The date of sending was 23/05/2025.
    • Under POFA, the NTK must be received within 14 days if no Notice to Driver was issued.

    Since the NTK was sent on Day 13, it is deemed delivered two working days later (28/05/2025 because of bank holiday), exceeding the POFA deadline. As a result, keeper liability does not apply, and National Car Parks Limited cannot legally pursue the registered keeper for payment.

    2. Payment Was Attempted – System Failure Prevented It

    A payment attempt was made for the vehicle, but your website failed to process the transaction.

    • The transaction was attempted at between 00:00 - 02:00 on 11/05/2025.
    • Efforts were made to raise this issue with your support team, yet no response was received.

    Under the Consumer Rights Act 2015, services must be fit for purpose. Due to a technical failure, the opportunity to make payment was not available, making this charge unenforceable. If you dispute this, I request:

    • Evidence that your payment system was fully operational at the time of the attempted transaction.
    • Confirmation that you received communication regarding this issue but chose not to respond.

    Next Steps

    I expect written confirmation that this charge has been cancelled. Should you refuse:

    • Provide a POPLA appeal code, allowing this case to be escalated.
    • Confirm the legal basis for pursuing keeper liability despite POFA non-compliance.

    Furthermore, any continued attempts to demand payment may be considered harassment and will be reported to the relevant regulatory authorities.

    I look forward to your confirmation that this matter is resolved.

    Yours sincerely,


  • Coupon-mad
    Coupon-mad Posts: 157,622 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yep that'll do. Don't tick 'driver' obviously!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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