Free Traffic Legal Advice

Been sent a PCN through the post.



The driver on the day decided to give extra room to the adjacent car as it was parked a bit close to the line.



This meant as it was the end bay the car looks to have been parked on the hashed area.



The letter took 10 days to arrive so very close to the 14 day limit.



Any help would be greatly appreciated.

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No “period of parking” to start with, see https://www.legislation.gov.uk/ukpga/2012/9/schedule/4,

Quote

9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

Okay, so the first sentence is only asking who the keeper was at the time not giving a "period of parking". So the appeal to themselves would mention the above?

P.S. there was another similar case on the forum which I have read here.

If PoFA 2012 is not complied with, the liability can not be transferred from the unknown driver (assuming the driver has not been identified) to the registered keeper. There may be other failings in the notice so wait to see others’ views.

Do I appeal through their appeals process or would I wait?

Dear Sir/Madam,

I am writing to formally appeal against Parking Charge Notice (PCN) XXX, issued to my vehicle. As the registered keeper of the vehicle, I would like to address the points raised in your notice.

You have outlined your belief that the driver is liable for the parking charge and invited me, as the keeper, to either pay the charge or identify the driver. However, I must inform you that the vehicle is driven by multiple individuals, and I am not in a position to disclose the identity of the driver at the time of the alleged contravention.

Furthermore, I would like to bring to your attention that your notice is non-compliant with the mandatory requirements set forth in paragraph 9(2) of Schedule 4 of the Protection of Freedoms Act (PoFA). As such, you are unable to pursue any liability against me as the registered keeper.

Given these circumstances, I respectfully request that you cancel the parking charge.

Thank you for your attention to this matter.

That sound about good enough?

P.S.
I did check for a generic PoFA appeal wording is it stickied somewhere?

Edit: amended with suggestions from post below

Thanks, I'll go ahead and send it off now.

Cheers!

You use their appeals process. You could write your appeal and post it here for advice, just keep a note of the deadline. It will probably be rejected but you will get a POPLA code for a further appeal. There is a generic appeal for non-compliance with PoFA but a more reasoned appeal needs to be written for POPLA if necessary.

Is my response above okay for the POPLA appeal?