OK. The first PCN was definitely not PoFA compliant. You say you never received the original NtK for the second PCN. However, you have already appealed it and even sent a second appeal.
We need to establish a timeline that makes sense before we proceed.
5th November 2024: Date of alleged contravention
?? November 2024: Issue date of issue of original NtK (Possibly 8th November 2024)
9th December 2024: Issue date of first PCN reminder
12th December 2024: First appeal to CUP
23rd December 2024: Issue date of final demand notice
6th January 2025: Second appeal to CUP
9th January 2025: Date of CUP appeal response referring to appeal received on 4th January 2025 stating that they are not relying on PoFA
What date did your first appeal get delivered (signed for) to CUP?
What date did your second appeal to CUP get delivered (signed for) to CUP?
What is confusing me is the discrepancies about dates of appeal receipts. Also, if the original NtK was "issued" on 8th November for an alleged contravention on 5th November, then as far as dates are concerned, they are PoFA compliant. We would have to see the actual NtK to be able to see if there are any other issues with PoFA compliance. However, their admission in the appeal rejection that they are not relying on PoFA is damning for them.
I suggest that you submit a formal complaint to CUP that you never received the original NtK and that you require a copy of that NtK and evidence of it having been sent either by way of a "Proof of Posting Certificate" or a delivery receipt.
You still have a valid POPLA code for appealing until 9th January, so just keep that in reserve for a day or two.
You send the following as a PDF attachment in an email to
info@cupenforcement.com and you CC in yourself. DO NOT use registered mail to do this!!! by sending it by email you have evidence of sending and receipt. PPSCoP section 11.3 requires that a complaint must be acknowledged by the parking operator within 14 days of its receipt:
[Your Name]
[Your Address]
[City, Postcode]
[Email Address]
[Date]
Close Unit Protection (C.U.P)
Office 9, Dalton House
60 Windsor Avenue
London
SW19 2RR
By email to: info@cupenforcement.com
Subject: Formal Complaint – Request for Evidence of Notice to Keeper (NtK) Sent by Post
Parking Charge Notice (PCN) Reference: 34141
Vehicle Registration: BN02 FUG
Date of Alleged Contravention: 5th November 2024
Location: 481 Green Lanes
Dear CUP Enforcement Complaints Team,
I am writing to formally raise a complaint regarding the above-referenced Parking Charge Notice (PCN). I am the Registered Keeper of the vehicle and did not receive any initial Notice to Keeper (NtK) for this charge. I first became aware of the PCN upon receipt of a reminder issued on 9th December 2024.
In your appeal rejection letter dated 9th January 2025, you confirmed that the PCN was issued as a Non-PoFA Notice and referenced the British Parking Association (BPA) Code of Practice (CoP) in this regard. However, I require CUP Enforcement to provide specific evidence that the original NtK was actually sent by post and not merely generated.
The BPA/IPC Private Parking Single Code of Practice (PPSCoP), section 8.1.2, explicitly states:
“A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose, ‘working day’ means any day other than a Saturday, Sunday or a public holiday in England and Wales.
Therefore, parking operators must retain a record of the date of posting of a notice, not simply of that notice having been generated (e.g. the date that any third-party Mail Consolidator actually put it in the postal system.)”
Given that I never received the original NtK, I now formally require CUP Enforcement to provide:
1. A copy of the original NtK issued for this charge.
2. Documentary evidence confirming the actual date of posting, including proof from any third-party mail provider (such as a Mail Consolidator) that the NtK was physically placed into the postal system.
3. A clear explanation of the method of postage used (e.g. Royal Mail first-class, bulk mail, etc.).
Failure to provide satisfactory evidence that the NtK was correctly posted and presumed delivered will be treated as a fundamental failure of your processes and a breach of the PPSCoP.
I expect this formal complaint to be responded to within 14 days as mandated by the PPSCoP section 11.3. I will not hesitate to escalate my complaint to the BPA. Additionally, I will bring this to the attention of any relevant regulatory bodies overseeing CUP Enforcement's conduct.
Please treat this as a formal complaint under your complaints procedure. I expect a response addressing the specific concerns raised, rather than a generic reiteration of the parking charge validity.
Yours sincerely,
[Your Full Name]
Registered Keeper