Something seems not right here at all, and much more explanation is needed from the lease company about what they did when the PCN was received by them, and why a Charge Certificate was served to them as it states no representations or payment was received within the 28 days allowed on the PCN.I've seen this a lot, the simple answer is that when a lease company receive a charge certificate and then makes a late representation asking to transfer liability, councils have a propensity to accept the out of time representations. There is nothing to stop a council from accepting representations even though they were made out of time.
.............The above seems to imply that the PCN has been served on at least two other parties before it reached you. Not just "your lease company". Some other entity in the chain of three has had the PCN. One might be a finance company and another is the lessor. That seems to make it less likely the PCN was served out of time on any of the three parties.
Response from the lease company:QuoteGood afternoon XXXX,
The PCN is valid.
The PCN gets issued to your lease company first, then transfers to ourselves, which then transfers to yourself.
The counter date resets each time this gets transferred.
Kind regards
XXXX
REPRESENTATIONS against PCN SU8012499A
PCN dated 13 May 2024
Representations submitted 24 May 2024
Dear London Borough of Sutton
I challenge liability on the basis that the penalty charge notice has been served out of time.
Yours faithfully
XXXXXX
DECLARATION: I confirm that the information contained in my representation is correct to the best of my knowledge. I understand that making a false statement may result in prosecution and a fine not exceeding level 5 on the standard scale.
Name: XXXXX
Signature: (attached)
Date: 24 May 2024
I have a copy of the V5C and it has the name and address of the lease company in the Registered Keeper section.That's excellent, once we have the PCN served on the registered keeper we should be able to confirm this will be open and shut on appeal.
Good afternoon XXXX,I don't really want to get into a slanging match with the lease company. As I see it, they had a right to challenge that the PCN was valid, but they have decided not to do so.
The PCN is valid.
The PCN gets issued to your lease company first, then transfers to ourselves, which then transfers to yourself.
The counter date resets each time this gets transferred.
Kind regards
XXXX
Not sure what you mean by this: -Thank you for responding @Incandescent. It was the wording used by the leasing company. Here it is in full:Quote"they received *today* (8 May) a representation for a parking penalty charge"Surely they just received a PCN which they responded to.
Dear XXXX
For your information we have today received and processed a representation for a parking charge involving your lease vehicle.
To avoid any risk of the cost escalating we recommend that you review the PCN details and evidence via the London Borough of Sutton website with the details below:
PCN Number: XXXX
Vehicle Registration Number: XXXX
Should you be satisfied with the details of the charge, please settle this directly with the issuer via their website.
In line with your contract we have provided your name and postal address to London Borough of Sutton who will write to you directly. If you would like to appeal the charge, please wait until you receive the notice through the post in your name before submitting your appeal. If you have not received this notice within 3 weeks of this email, please contact us via email at XXXX.
If the address below is incorrect, please let us know as soon as possible.
XXXX
XXXX
XXXX
XXXX
Please be advised [we] do not hold these PCN details on file and will be unable to provide further information on the specific offence details at this time.
"they received *today* (8 May) a representation for a parking penalty charge"Surely they just received a PCN which they responded to.