Free Traffic Legal Advice

National Parking Control Group Ltd
The Pinnacle
Station Way
Crawley
RH10 1JH

Delivered by email to: DPO@nationalparkingcontrol.co.uk

[Date]

Subject: Formal Complaint – Unreceived Parking Charge Notice Due to Royal Mail Misdelivery

To National Parking Control Complaints Department,

I am submitting this formal complaint regarding Parking Charge Notice (PCN Reference: [PCN Number]) issued to my vehicle, [Registration Number], which I only became aware of upon receiving a Notice of Debt Recovery from DCBL.

1. The PCN and All Prior Correspondence Were Never Received

I did not receive the original PCN, nor any reminder notices, because my post is frequently misdelivered by Royal Mail due to similar-sounding addresses in the area. This is an ongoing issue that has affected multiple time-sensitive documents, and I have submitted a formal complaint to Royal Mail regarding their persistent failures.

My registered address with the DVLA and on my V5C logbook is:

[Your Correct Address]

However, post intended for me is frequently misdelivered to:

• Stamford Mansions (a different building entirely, located a few roads away)
• Charlton Mansions (a neighbouring block)
• Stamford Hill (instead of Stamford Hill Mansions)

This issue is well-documented, and I have previously had to recover incorrectly delivered mail from these locations. The first and only correspondence I have received regarding this PCN was the Notice of Debt Recovery from DCBL, meaning I was denied my right to appeal or pay at the lower rate through no fault of my own.

2. The Issue is One of Proper Notification, Not Addressing

While I acknowledge that you may have sent the PCN to my correct address, proper service of a notice is only deemed effective if it is actually received. The assumption that a letter is received simply because it was sent to the correct address is rebuttable, and in this case, it has clearly not been received due to a failure by Royal Mail.

The burden of proof in any subsequent legal claim would be on you to demonstrate that the PCN was received, not simply that it was sent. Given that I have documented issues with Royal Mail misdelivery, the presumption of service is not applicable in this case.

3. Requested Actions

As I have only just become aware of this charge due to debt collection activity, I require you to take one of the following steps:

1. Cancel the PCN, as it is unfair to pursue a charge when I was never given the opportunity to respond.
2. Reissue the PCN at the original amount and allow me to make an appeal as I would have been entitled to do had I received the original notice.
3. Place the case on hold immediately while you investigate this complaint, as I dispute liability on the grounds of non-receipt.

4. Failure to Act Fairly Will Be Considered Unreasonable Conduct

If you dismiss this complaint with “it is not our fault” or refuse to allow an appeal despite being informed that the notice was never received, I will escalate the matter to:

• The International Parking Community (IPC) for a breach of fair process under the Private Parking Single Code of Practice (PPSCoP).
• The Information Commissioner's Office (ICO) if you continue processing my personal data despite failing to ensure proper notification.
• The courts, if necessary, where I will challenge the claim on the basis of lack of service and procedural unfairness.

5. Urgent Response Required

I expect a written response within 14 days confirming how you intend to resolve this. If I do not receive a satisfactory reply, I will proceed with formal complaints to the IPC and, if necessary, prepare a legal defence against any further action.

Sincerely,

[Your Full Name]
[Your Contact Information]

Subject: Insufficient Proof of Notice Posting Date – Non-Compliance with PPSCoP Section 8.1.2(e)

Dear National Parking Control Limited,

I am writing to challenge the validity of the "Certificate of Postage" you have provided as evidence of the Notice to Keeper (NtK) being posted.

Under Section 8.1.2(e), Note 2 of the Private Parking Single Code of Practice (PPSCoP), parking operators must retain a record of the date of posting of a notice, not simply the date that the notice was generated. Specifically, the Code states:

“Therefore, parking operators must retain a record of the date of posting of a notice, not simply of that notice having been generated (e.g. the date that any third-party Mail Consolidator actually put it in the postal system).”

The document you have provided—titled a Certificate of Postage—confirms that the notice was sent via a hybrid mail system, but it fails to confirm the actual date on which the notice was physically handed over to the postal service provider (e.g., Royal Mail, Whistl, or any other recognised postal carrier).

Your document states:

• Date Sent: 20/12/2024 at 09:40:34 AM
• Delivery Class: 2-3 day delivery

However, this does not establish that the notice was actually entered into the postal system on that date, only that it was processed by Unity5’s hybrid mail system. There is no evidence of when Unity5, acting as a third-party mail consolidator, physically handed the notice over to the postal carrier.

Why This Fails to Comply with PPSCoP Section 8.1.2(e), Note 2:

1. The Certificate of Postage lacks confirmation from a recognised postal service provider (e.g., Royal Mail, Whistl).
2. It does not specify when the notice was physically handed over to the postal system.
3. The PPSCoP explicitly requires operators to record when a third-party Mail Consolidator actually put it in the postal system, not merely when it was processed.

Request for Proper Proof of Posting

To comply with the PPSCoP, I request that you provide documentary evidence from the postal carrier (e.g., a Royal Mail receipt, Whistl lodgement record, or similar) confirming the actual date of physical postage. If you are unable to provide such proof, then you have failed to meet the PPSCoP's evidence requirements, and the presumption of service under the Interpretation Act 1978 cannot apply.

Please confirm how you intend to rectify this compliance failure.

Yours sincerely,

[Your Name]
[Your Address]