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  • FIRST POST
    • mayflyjules
    • By mayflyjules 18th Mar 17, 1:36 PM
    • 5Posts
    • 7Thanks
    mayflyjules
    PCN from Civil Enforcement Ltd - Need help with appeal email
    • #1
    • 18th Mar 17, 1:36 PM
    PCN from Civil Enforcement Ltd - Need help with appeal email 18th Mar 17 at 1:36 PM
    Hi,

    I have received a PCN/NTK from CEL well after the 14 day window to comply with POFA 2012, and I'm looking for some help wording an appeal email to them based on no keeper liability. I have read the pinned post and done a lot of searching and come up with the below email, but I have 2 outstanding questions:

    1. I feel like it would help if I cited some case law or something else regarding the fact that POPLA tend to throw out these cases where there is no keeper liability (to encourage them to accept my appeal), but I don't know what to cite. All the example appeal letters I've seen that do so using this argument are letters to POPLA, not the parking company, and the wording doesn't make sense to me or I can't tell if it's the right case law for my argument. Is it worth me adding this, and if so what should I put?

    2. I've seen people recommend saving the letter as a PDF and attaching it, but again I'm not sure if this is just for POPLA appeals or recommended for PPC appeal emails as well?

    I really want to avoid it going to POPLA if possible, as that seems to be additional hassle I don't need right now. I know it can happen that CEL accept appeals because I've seen other posts where people have reported success.

    I'm hoping you kind and knowledgeable forum members can help me Here's my email so far...

    __________________________________________________ _____________________
    "Dear Sir or Madam,

    Re. Parking Charge Notice No. XXXXXXXXXX

    I am writing to you as the registered keeper of the vehicle XXXX XXX.

    The issued notice to keeper states, "It is the driver's responsibility to pay this PCN", but you have neither named the driver nor produced any evidence as to the identity of the driver at the time of the incident. As the keeper of the vehicle, I am exercising my right not to name the driver. There will be no admissions as to who was driving and no assumptions can be made.

    Furthermore, the Protection of Freedoms Act 2012 Schedule 4 Paragraph 9(5) stipulates that for keeper liability to apply, the keeper must receive a notice to keeper within 14 days of the incident. Your notice to keeper states the incident date as 4th February 2017 and shows an issue date of 3rd March 2017, with the postal franking on the envelope also proving that the notice was posted on 3rd March 2017 (see attached image). According to my calculations, to comply with POFA 2012 the notice to keeper should have arrived no later than 18th February 2017 and therefore as keeper I cannot be held liable.

    I thereby respectfully request that you cancel the charge. Should you reject my appeal, please supply a POPLA code.

    Yours faithfully,
    [name]

    [address]"
    __________________________________________________ _____________________
Page 2
    • m149065
    • By m149065 10th Apr 18, 7:59 AM
    • 5 Posts
    • 3 Thanks
    m149065
    Mr
    Do I appeal to Popla now then using which template?
    Thanks
    Nigel
    • m149065
    • By m149065 10th Apr 18, 8:00 AM
    • 5 Posts
    • 3 Thanks
    m149065
    My next step then is to appeal to Popla? What template should I use?
    Thanks again
    • KeithP
    • By KeithP 10th Apr 18, 12:18 PM
    • 9,192 Posts
    • 9,357 Thanks
    KeithP
    M149065, this is not your thread. Please stop posting here.

    The best advice for you is to read the NEWBIES FAQ sticky thread, then if you still have queries, please start a new thread.
    .
    • pogofish
    • By pogofish 24th Apr 18, 10:47 AM
    • 8,865 Posts
    • 9,216 Thanks
    pogofish
    I had the same but it arrived day 15 after the event. I appealed using the same type of template and it was rejected. Should I stand my ground and not pay, how do you prove you received something one day late after all?
    Originally posted by m149065
    Please do not hijack other people's threads - You clearly agreed not to do this as part of your signup!
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