It would be interesting to note the dates of any demands received for any of the 3 outstanding PCNs. In your appeals and POPLA appeals, did you appeal as the keeper or ad the driver?
For example, one of the NtKs shows a date on the NtK as 29/12/2023. It says it must be paid within 28 days of the date the notice was “given” without specifying what “given” means. It cannot have been “given” any earlier than 03/01/2024. Therefore, they should not have sent any demand dated before 31/01/2024.
Whilst this may seem academic, if they’ve sent any demand before the 28 days have passed they will have breached PoFA, although that may be moot, depending on whether you have identified the driver. However, they will have also breached the CRA 2015. The Consumer Rights Act 2015 requires that terms and conditions must be fair and transparent. An NtK giving 28 days for payment but followed by an early demand is misleading and unfair to the keeper, thereby potentially invalidating the NtK.
Sending an early demand for payment could confuse the keeper about their rights and the timeline for responding to the NtK. This confusion can affect the procedural fairness and the keeper's ability to make an informed decision regarding payment or appeal. Procedural fairness is an underlying principle in consumer-related disputes, and a breach of this could invalidate the process initiated by the NtK.
The last bit regarding procedural fairness would only apply if it ever ended up in court.
So, did you receive any demands or reminders to pay for any of the PCNs and did you reveal the identity of the driver in your appeals?
