All, I received a PCN from Civil Enforecement Limited a couple of days ago. Since then I have spent the past few evenings trawling both this forum and others trying to establish my best grounds for rebuttal for the first ‘soft’ appeal to CEL themselves.
I would greatly appreciate any input/comments/recommend changes with regards my draft letter below.
Thanks in advance for any help – this forum has been a superb resource so far!
I am writing to you as Keeper of vehicle with registration XXXX XXX regarding parking charge XXX issued to vehicle on 13/01/2015, with an incident date of 19/12/2014. Your charge is punitive and unenforceable.
This Parking Charge Notice (PCN) is unenforceable on the grounds that I was not the driver of the vehicle on this date, and due to the significant passage of time following the incident, cannot be sure who was – this vehicle is used by a number of persons.
As registered Keeper I cannot be held to account for this charge as the PCN is not POFA compliant – the notice was only raised on the 14th working day after the incident (25th calendar day) and was not posted until the 14/01/2015 – the 15th working day following the incident. As registered keeper I cannot be held liable as the Notice to Keeper was not delivered (and indeed was not even posted) within ‘the relevant period’, which is defined in POFA 2012 Schedule 4 Paragraph 9 (5) as ‘14 days beginning with the day after that on which the specified period of parking ended’.
I hereby refute this Parking Charge Notice on the grounds that I :
a) Was not the Driver on the date in question and am not liable
b) Have no liability as Keeper of the vehicle as PCN is not POFA 2012 compliant.
A) Accept this appeal in writing by responding within 35 days of the postage date of this letter.
B) Reject this appeal in writing and issue me with a POPLA code within 35 days of the postage of this letter
C) If no response in writing is received to accept or reject this letter within 35 days of postage, then I will consider this appeal accepted, the PCN cancelled and the matter closed.
This letter has been issued by both email on post on: [DATE]