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Toned it down slightly but not much

Individual appeal / complaints have been submitted.

Thanks again for all your help - I will keep the thread updated when I hear anything.

Thank you @b789. I am not necessarily reluctant to accept it is railway land - I am in fact certain of it based on the information I have obtained and you have helpfully provided. I am concerned if I include the reference to it being non relevant land it comes off as too aggressive? They would then take an aggressive stance back - perhaps I am overthinking this.

My appeal would therefore read:

"I, as registered keeper of XX, did not receive any initial letters before the Final Reminder letters were received on 22nd February 2024. I have therefore submitted a Subject Access Request to receive a copy of the original Notice to Keeper letters to which I await a response.

As your allegation of a breach of terms occurred on land subject to statutory control by bylaws, it is not relevant land for the purposes of the Schedule 4 to the Protection of Freedoms Act 2012 (PoFA) and therefore there can be no keeper liability."

Would very much appreciate thoughts on this.

As a side note, and sorry for going out of scope here, would receiving a LoC impact my credit score? I am looking to move house this year and don't particularly want anything to materially affect my mortgage application.

I have downloaded the Title Register for the land.

The Freeholder of the Land is Network Rail Infrastructure Ltd which I believe Network Rail Ltd is the Ultimate Parent Company.

Abellio East Anglia Limited are the leaseholders having taken a circa 94 year lease on the land

Thank you both for your detailed responses which is putting me a bit at ease! Very kind.

I will take photos of the signage tomorrow and post on here. I would be very grateful to agree the strategy and wording along with the SAR.

Again - thank you for your comments.

I agree in that I don't think they ever sent initial NtKs. I will take photographs of the signage on Monday and post on here.

It seems I need to get the ball rolling in tandem (once we understand whether the land is relevant land or not?);

1. SAR for the original NtKs to NCP

2. Appeal the charges on the basis of what @b789 has suggested;

I appeal as keeper.  I am under no obligation to identify the driver and I decline to do so as there is no legal presumption that the keeper of a vehicle was its driver (as opposed, for example, to being a passenger) on any particular occasion, you are unable to pursue me as the driver.

As your allegation of a breach of terms occurred on land subject to statutory control by bylaws, it is not relevant land for the purposes of the Schedule 4 to the Protection of Freedoms Act 2012 (PoFA) and therefore there can be no keeper liability.


Should I also mention in this Appeal that no original NTKs were sent? and that all three final reminders were issued on the same day? I feel this should be mentioned as this would then perhaps re-set the clock?

The driver forgot to pay for the days where a PCN has been sent out. No excuse there.

Issue is it has taken them over 3 months to send out a PCN which is set out as a final reminder. No ability to pay a reduced early rate was offered.

Thanks again for your reply. I would very much appreciate your opinion on the following draft Appeal letter to NCP:



Dear Sirs,

As DVLA Keeper on the vehicle I have been sent 3 PCNs

GA0018XXXX
GA0018XXXX
GA0018XXXX

I will submit three appeal cases but reference they are linked.

I appeal, as Keeper, on the grounds that I, as Keeper, received Final Reminder letters on 22 February 2024 which is 5 working days after the date of sending the notice of 15th February 2024. The letter deems to have been given on the second working day after the date of sending (15th February 2024).

I, as Keeper, had not received any correspondence before these Final Reminder PCNs which state 'To Date you have not complied with our request for you to supply the name and address of the driver of the vehicle on the date of incident, or to pay the outstanding amount, or to make a representation against the PCN'

The original discounted offer has expired, which I, as keeper, was never made aware of.

The fines are disproportionate compared to the parking charges and three fines received on the same day for 3 alleged offences 3 months ago is unreasonable. The PCN for this case relates to a date of incident of [31st October 2023 which is 3 months and 15 days] before the date of sending the first PCN, I as keeper had received.

As your allegation of a breach of terms occurred on land subject to statutory control by bylaws, it is not relevant land for the purposes of the Schedule 4 to the Protection of Freedoms Act 2012 (PoFA) and therefore there can be no keeper liability.

I hope we can agree a reasonable resolve.

Kind regards,