3. C.U.P enforcement private PCN at High road, Seven Kings
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C.U.P enforcement private PCN at High road, Seven Kings
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Hi Team,

I received the attached private PCN after about 6 months from the alleged contravention. It took place on Sunday 16/02/25 where I was totally unaware of any parking restriction. Even the council normally do not have any restrictions on Sundays.

Can I appeal based on the following:

The notice doesn't explain the terms and condition, the signage and any grace period.

As per Protection of Freedoms Act 2012 (POFA), the notice wasn't served within 14 days of the alleged parking incident. Therefore, the PCN is illegal.

Also, as per timing recorded, I left the within 10 minutes. This should be covered by the grace period (if any).

Alternatively, I've identified the shop I visited. They should be happy to provide me  witness statement that they were not aware or have forgotten to enter the registration details on their system.

Looking forward to hear your valuable advise to fight this PCN.

Attachment link as below:

https://1drv.ms/i/c/1a1abf2d32af6b0a/EeUshdMCIM1LgOwW3wYmpiUB7IilNI_RNZO_ECcLFX_ahA?e=pU4udI
« Last Edit: August 29, 2025, 10:30:07 pm by mamrk »
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Re: C.U.P enforcement private PCN at High road, Seven Kings
« Reply #1 on: »
As you have correctly observed, it has been issued far too late for keeper liability. This doesn't make the PCN "Illegal" - complying with PoFA is optional, but they can only enforce against the unknown driver if they do not.

The keeper could appeal as below:

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.

Out of interest, can you show us the rear of the notice? I want to check if they're falsely claiming PoFA compliance.
« Last Edit: August 29, 2025, 10:38:25 pm by DWMB2 »
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Re: C.U.P enforcement private PCN at High road, Seven Kings
« Reply #2 on: »
Hi,

Thanks for your prompt response.

Please find copy of the rear side.

https://1drv.ms/i/c/1a1abf2d32af6b0a/EcShH1XvkUBOnNEvokluKQcBA4pRLPu3ed23NFyXOrYWQw?e=nbZaJi

Just for clarification, as I received the PCN via post and it was addressed to me. Does it not mean that I'm the one who is liable for responding?
« Last Edit: August 29, 2025, 10:49:01 pm by mamrk »
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Re: C.U.P enforcement private PCN at High road, Seven Kings
« Reply #3 on: »
Hi,

The online appeal form requires the following mandatory fields:

Appellant Type: *

I was the vehicle's (hirer/Keeper/driver) when the contravention occurred.

First Name:*, Last Name:*, Address details:* and Contact Email: *

Shall I select 'driver' and ambiguous characters for the rest with only a valid e-mail address?

If I do so, will it be a valid appeal?

Please advise.

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Re: C.U.P enforcement private PCN at High road, Seven Kings
« Reply #4 on: »
All of those questions have already been answered, you may wish to read my previous post carefully.

But for clarity... You are appealing as the keeper. You obviously need to provide your details, but you only tell them that you are the keeper.

As the draft appeal makes clear, the appeal relies on CUP not knowing who was driving so for hopefully obvious reasons, you must not tell them.
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Re: C.U.P enforcement private PCN at High road, Seven Kings
« Reply #5 on: »
Please note I have won the appeal. The PCN has been revoked. Thank for your kind advise.
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