The keeper of the vehicle received a parking charge notice today for parking without a valid cashless session on 19/03/2021 at SPA Basin Rd South, Southwick, BN41 1WF.
Advice on next steps please as the contravention alleged to have taken place is over 5 years ago and this is the first letter received about it.
Photos of letter received here
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They are not relying on PoFA so there is no keeper liability in this instance.
Sorry, I don’t know a lot about this sort of thing. I’ve just looked up PCN without PoFA and am starting to understand it. Does the keeper need to send an appeal then stating failure to comply with PoFA?
I think this has to be a record - to transfer liability to keeper, POFA requires notice to be sent within 14 days; this one is 1855 days (plus postage time)!!
A simple appeal (as keeper only!) ,but I would lay it on thick about the delay:
As keeper of vehicle VRM XXXX I am receipt of you parking charge notice relating to an alleged event on 19/03/21. You are no doubt aware that to transfer liability from the driver to the keeper your notice needs to comply with the requirements of the Protection of Freedoms Act - which you have spectacularly failed to do; the requirement is 14 days, not the 1855 you are trying it on with.
I will not be accepting your invitation to pay the charge, nor naming the driver. You have no route for enforcement of this charge against me as keeper and I expect the charge to be cancelled with immediate effect.
Once they have cancelled (even I doubt they will try this on further) I would make a complaint to IPC about their laughable behaviour. It will go no where of course. If you were feeling particularly belligerant, you could include an invoice for £100, reduced to £60 for prompt payment, for your time.
Thanks, that’s really helpful. The date did cause a double take
Are you the registered keeper of the vehicle?
If so, you should send a Subject Access Request to DVLA to find out when (and by whom) your data was accessed from the date of the parking in 2021 to now. The form is here:
Make a subject access request to DVLA.
It will be interesting to see when GXS accessed your data.
If you were feeling particularly belligerant, you could include an invoice for £100, reduced to £60 for prompt payment, for your time.
I wouldn't. Tempting as it may be, meeting an unenforceable charge with an unenforceable charge probably isn't the way to go.
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