I have recieved a final demand for payment on one of these PCN's, however it was one POPLA dismissed. Do i need to do anything with it?
POPLA is backlogged. It can take 8 weeks or more to get a response.The query was relating to ANPR365's deadline to upload evidence in support of their case, rather than how long POPLA themselves will take to assess the case
Worth logging onto the POPLA portal and checking they haven't in fact uploaded anything, if you haven't already.
Also, i just noticed that i submitted the appeal to POPLA for the 1st issue on the 1st October, with today being the 21st, are the Parking Operators not supposed to have submitted evidence by today?
See Reply #26 above
POPLA Verification Code: [POPLA code]
Operator: ANPR365
PCN: [reference]
Site: Lacon Arms Car Park, Hemsby, Sea View Road, Great Yarmouth
Date of alleged contravention: 14/08/2025
Date of Notice to Keeper (NtK): 23/09/2025
I am the registered keeper. I am under no legal obligation to identify the driver to an unregulated private parking firm and I decline to do so.
Single ground of appeal: NtK not given within the relevant period under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA)
This was a postal NtK with no Notice to Driver on the vehicle. Therefore, PoFA Schedule 4 paragraph 9 applies. Paragraph 9(4) requires the NtK to be delivered to the keeper within the relevant period. Paragraph 9(5) defines the relevant period as 14 days beginning with the day after the specified period of parking. Paragraph 9(6) provides that a notice sent by post is to be presumed given on the second working day after posting.
The alleged contravention date was 14/08/2025. The relevant period therefore ran from 15/08/2025 to 28/08/2025 inclusive. The NtK is dated 23/09/2025 and, even giving ANPR365 the benefit of the postal presumption, would be deemed given on 25/09/2025 (two working days after posting). That is 28 days after the last day of the relevant period and 42 days after the alleged contravention. Accordingly, the NtK was not given within the relevant period and PoFA keeper liability cannot arise.
Driver not identified, so the keeper cannot be pursued
I am the keeper and I have not been identified as the driver. There can be no presumption or inference that the Keeper is the driver. This is confirmed in the persuasive appellate case law in VCS v Edward (2023) where the judge confirmed that without evidence, there can be no inference.
POPLA must allow the appeal on this single ground.
Legal references
PoFA 2012, Schedule 4, paragraphs 9(4), 9(5) and 9(6).
OP, you need to get your head around what you think the "14 day rule" is.
The parking firm have no idea of the drivers identity unless the Keeper who has received the Notice, blabs it to them. Only the driver can be liable of the charge.
Where the "14 day rules" comes in, is if the parking firm want to try and hold the known Keeper liable for the breach of contract by the unknown (to them) driver. In order for them to be able to transfer the liability from the union driver to the known Keeper, they have to fully comply with ALL the requirements of PoFA 2012.
One of those requirements is that if they have issued the Parking Charge Notice (PCN) as a postal Notice to Keeper (NtK), as in this case, that NtK must be delivered (given) to the Keeper within 14 days of the alleged contravention. They are required to allow two working days for delivery from the date the NtK is issued.
If the NtK was issued too late for it to have been given (deemed, not actual), then that is one of the requirement of PoFA they have failed to comply with and so they cannot rely on PoFA to be able to hold the known Keeper liable for the alleged debt owed by the unknown driver.
However, there are many more PoFA requirements they need to comply with and the "14 day rule" is just one of them. In this case, they have failed others too.
A PCN cannot just be mostly or even substantially compliant with PoFA. It is a binary matter. It either is or it isn't. Just like someone can't be mostly or even substantially pregnant. They either are or they aren't. Simples.
Just like someone can't be mostly or even substantially pregnant.I've felt substantially pregnant after a large meal sometimes.
(4)The notice must be given byThis is applicable if the liability from the unknown driver is to be transferred to the registered keeper.
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.