3. ANPR365 PCN – REG NOT ENTERED IN PUB – THE LACONS ARMS HEMSBY
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ANPR365 PCN – REG NOT ENTERED IN PUB – THE LACONS ARMS HEMSBY
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Morning

My new driver daughter got caught out twice at same place, she used the pubs car park to get food from a business that is on the same grounds and didnt realise she needed to register in the pub. 2 x £100 PCN issued.

The first one was fom the 14th August - can this be contested on the more than 14 days rule?

Second from the 9th September.

She used the pub on both occassions too but paid in cash so no records of receipts.

Is there anything she can do here?

If you need anything more just ask and i'll try and get whatever is required
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Re: ANPR365 PCN – REG NOT ENTERED IN PUB – THE LACONS ARMS HEMSBY
« Reply #1 on: »
To help us provide the best advice, please read the following thread carefully and provide as much of the information it asks for as you are able to: READ THIS FIRST - Private Parking Charges Forum guide
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Re: ANPR365 PCN – REG NOT ENTERED IN PUB – THE LACONS ARMS HEMSBY
« Reply #2 on: »





Im not sure i have done this correctly, please can you take a look and see if you have all you need?

Regards
« Last Edit: September 26, 2025, 01:23:27 pm by DWMB2 »
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Re: ANPR365 PCN – REG NOT ENTERED IN PUB – THE LACONS ARMS HEMSBY
« Reply #3 on: »
Fixed them for you.

Are we correct to assume that your daughter is the registered keeper of the vehicle, and that the notices are addressed to her? If so, she can appeal in her capacity as the keeper, not revealing who was driving, with the below. If not, tell us who the notices are addressed to.

Dear Sirs,

I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so.

There is no obligation for me to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,


If appealing online, be careful there are no drop down/tick boxes that cause you to identify who was driving, and keep a close eye on your spam folder for their response. If they do not respond within 28 days, chase them.

She will need to submit a separate appeal for each charge.
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Re: ANPR365 PCN – REG NOT ENTERED IN PUB – THE LACONS ARMS HEMSBY
« Reply #4 on: »
Correct, she is the keeper and its addressed to her, so we will go down the route as you advised below.

Anything else we need to do? Is it best to do this via post, although i cannot see that there is a postal address?
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Re: ANPR365 PCN – REG NOT ENTERED IN PUB – THE LACONS ARMS HEMSBY
« Reply #5 on: »
Online is better (it's free after all), just mind out for any sneaky tick boxes etc. that would trick her into revealing who was driving.

The back of the notice provides details on where/how to appeal.
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Re: ANPR365 PCN – REG NOT ENTERED IN PUB – THE LACONS ARMS HEMSBY
« Reply #6 on: »
I assume she also just highlights "KEEPER" on the below form:

https://imgur.com/a/KBCyXmR

then in the appeal we will add the paragraph as you mention.
« Last Edit: September 26, 2025, 01:38:48 pm by Jimbob1976 »
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Re: ANPR365 PCN – REG NOT ENTERED IN PUB – THE LACONS ARMS HEMSBY
« Reply #7 on: »
Bingo.

They may well reject her appeals out of stubbornness but if they do we can help with POPLA appeals that ought to succeed.
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Re: ANPR365 PCN – REG NOT ENTERED IN PUB – THE LACONS ARMS HEMSBY
« Reply #8 on: »
Thanks for your help, are they likely to dig their heels in? is the 14 day rule still a thing (when they have to send out notices within that period?)
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Re: ANPR365 PCN – REG NOT ENTERED IN PUB – THE LACONS ARMS HEMSBY
« Reply #9 on: »
https://www.legislation.gov.uk/ukpga/2012/9/schedule/4 states:
Quote
(4)The notice must be given by—

(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.
This is applicable if the liability from the unknown driver is to be transferred to the registered keeper.
If the driver is identified, then they can be taken to court for breach of contract for six years following the date of the alleged transgression.
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Re: ANPR365 PCN – REG NOT ENTERED IN PUB – THE LACONS ARMS HEMSBY
« Reply #10 on: »
So on this occasion it's not something we can use? Hopefully the first solution will be enough.
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Re: ANPR365 PCN – REG NOT ENTERED IN PUB – THE LACONS ARMS HEMSBY
« Reply #11 on: »
The notices needed to be delivered within 14 days. Neither was. The appeal I suggested is valid. Send them and advise on what they respond with.

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Re: ANPR365 PCN – REG NOT ENTERED IN PUB – THE LACONS ARMS HEMSBY
« Reply #12 on: »
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.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: ANPR365 PCN – REG NOT ENTERED IN PUB – THE LACONS ARMS HEMSBY
« Reply #13 on: »
Quote from: b789 on September 26, 2025, 04:03:50 pm
Just like someone can't be mostly or even substantially pregnant.
I've felt substantially pregnant after a large meal sometimes.

Jimbob - your daughter should send the appeals, she can use the same wording for each one. If they reject, it's because they're stubborn, not because your appeal isn't valid. If they do reject, then we can advise you on POPLA appeals that will be as close to a 'slam dunk win' as it's possible to get.
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Re: ANPR365 PCN – REG NOT ENTERED IN PUB – THE LACONS ARMS HEMSBY
« Reply #14 on: »
Quote from: b789 on September 26, 2025, 04:03:50 pm
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.

We have gone for the original appeal via their website. I'm sure they'll take the maximum 28 days to reply

Thanks all for you help this far, been great.
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  3. ANPR365 PCN – REG NOT ENTERED IN PUB – THE LACONS ARMS HEMSBY