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PCN at location never attended
#1
This case concerns a Parking Charge Notice (private parking firm) issued by Close Unit Protection Services Ltd, relating to an alleged contravention on Wednesday, 22 April 2026. The notice itself is dated Monday, 24 August 2026, and I first became aware of it via received initial notice.

The notice appears to have been issued as By post (ANPR/camera). Driver identified status: NO. Equality Act considerations: No. The location is stated as 70 - 72 High Street Aveley, Essex, RM15 4BX.

A preliminary Protection of Freedoms Act (PoFA) assessment indicates NON_COMPLIANT: Likely outside PoFA paragraph 9 timing window. Route applied: PoFA paragraph 9 (postal NtK, no windscreen NtD). The notice is treated as given on Wednesday, 26 August 2026 (126 days after the alleged event). On this basis, keeper liability may not be established.

Current stage:
- Notice responded to: Yes
- Debt recovery letters: No
- Letter of Claim: No
- County Court claim: No

Response/appeal already sent (verbatim where possible):

Hello,

I received this Parking Charge Notice today, with notice date of 24/08/2026.
I attempted to appeal via the online form but it would not allow me to proceed.

The notice claims my vehicle was at 70 - 72 High Street Aveley, Essex, RM15 4BX at roughly 19:30pm on the 22th April 2026.
This is simply not possible - I have never travelled to Aveley, I also have records from my Google Maps tracking that show at that exact time I was nowhere near the vicinity of Aveley.

I'm uncertain if this is a fraudulent scam letter or a mistake in your systems.
I did receive a legitimate parking charge notice from you around this timeframe but my records show this was paid in full in May, at a reduced value of £60.
Additionally it was not from 70-72 High Street Aveley.

Please kindly inform me if this is not a genuine parking charge notice. If you believe it to be correct I can provide evidence that I was never at the above location.

Kind Regards

--------------------------------

Hello,

Following up on this again as I've not had a response to my email.
I did receive another notice today to which I called up again but was not able to resolve on the phone.
The receptionist said she would forward my details so I'm just sending another nudge in case the email was lost.

Regards

------------------------------

Response from CUP:

Hi <Name>

Thank you for your email regarding PCN Reference 327208

Please be advised that the Notice to Keeper (NTK) was issued on August 24, 2026, giving you 28 days to submit a formal appeal. As this period has now elapsed, the opportunity to challenge the notice has expired.

The NTK clearly outlined the process for submitting a valid appeal:

"You can pay or appeal this notice, you cannot do both. If you’d like to appeal this ParkingCharge Notice, you must do so within 28 days (beginning with the day after that on which this notice is given)"

Unfortunately, we are unable to reopen the appeal process once the designated timeframe has passed.

The Parking Charge Notice therefore remains payable. Failure to pay the amount may result in further costs being incurred and may also result in CUP Enforcement, reluctantly instructing a Debt Collection Agency to collect any sum due.

At this stage, we consider this matter closed and will not enter into further correspondence on this issue.

Any additional emails regarding the same matter may not receive a response.

Please arrange for payment to be made promptly to avoid further action.

Please refer to the link below to direct your payment.

https://cupenforcement.ec6pay.com/

Please note that you can also make a payment via telephone through the automated payment line- 0333 023 011

Best wishes,
CUP Enforcement

Additional notes provided:
I was never at the stated location, I have never been to the stated location nor anywhere within a few miles of the vicinity.

I have google tracking that shows I was somewhere else at that exact time. Albeit tracking data from my partner and not myself.

I attempted to contact CUP 4 times in the period, twice on the phone and twice on email. They were unable to help on the phone and ignored my emails until a week after the appeal period ended telling me that I could no longer appeal despite having already done so.

In a panic I generated an AI "legal-sounding" response which I somewhat regret now knowing about this forum.

Please can I have advice on the strongest next steps and defence points for this case.

As mentioned in my initial post in a panic I generated an AI response (don't lynch me please!) in hopes it would scare them off, but I was directed here after seeking advice elsewhere.
I also received a "Final Demand" letter today, dated 6th October.

Here is the AI response for visibility 

Dear CUP Enforcement,
Re: PCN *** / Vehicle ***
I formally dispute this parking charge in full.
Having further reviewed the Notice to Keeper, there are significant issues concerning both the alleged parking event and the validity of the Notice to Keeper.
1. Notice to Keeper issued 124 days after the alleged event
Your notice states:
Contravention date: 22/04/2026
Notice date: 24/08/2026
The notice is therefore dated approximately 124 days after the alleged parking event.
The notice expressly identifies itself as a "Parking Charge Notice to Registered Keeper" and purports to rely upon registered keeper liability.
If you are seeking to rely upon Schedule 4 of the Protection of Freedoms Act 2012 to recover the charge from me as registered keeper, please explain how the Notice to Keeper complies with the applicable statutory timing requirements.
In particular, if this was a parking event detected remotely and no Notice to Driver was affixed to the vehicle, please explain how a Notice to Keeper dated 24 August 2026 can satisfy the requirement in paragraph 9 of Schedule 4 for the notice to be given within the prescribed period following the parking event.
If you contend that a Notice to Driver was issued on 22 April 2026, please provide a copy of that Notice to Driver and explain how the Notice to Keeper dated 24 August 2026 complies with paragraph 8 of Schedule 4.
For the avoidance of doubt, I do not admit that I was the driver.
2. The alleged parking event did not occur as alleged
I was not at 70–72 High Street, Aveley on 22 April 2026 at the alleged time.
I have Google Maps location history showing my location at the relevant time and will preserve this evidence for any subsequent appeal or proceedings.
I therefore require you to provide the complete photographic/ANPR evidence relied upon in issuing PCN 327208, including the original timestamps.
3. Possible duplication / incorrect photographic evidence
I previously received a separate parking charge from CUP which I paid earlier in the year.
The photographs supplied with this PCN appear substantially similar to photographs associated with that earlier matter.
I therefore require you to investigate whether the photographs and/or ANPR record associated with PCN 327208 have been incorrectly duplicated from another parking event or otherwise associated with the wrong parking charge.
Please preserve the original photographic and ANPR records for both matters.
4. My appeal was submitted within the permitted period
I attempted to submit an appeal through your online system shortly after receiving the Notice to Keeper.
The online appeal system would not allow me to proceed.
I then telephoned your office and explained the problem. I was advised by your receptionist that the issue could not be resolved over the telephone and that I should submit the appeal by email.
I followed that instruction and sent my substantive appeal to info@cupenforcement.com on 28 August 2026, only four days after the Notice to Keeper dated 24 August 2026.
That email clearly disputed the alleged parking event and explained that I had evidence showing that I was elsewhere.
I then followed up on 24 September 2026 after receiving a further notice and having received no response.
I have now received your response approximately five weeks after my original appeal, stating that the appeal period has expired.
I do not accept that position.
I attempted to appeal within the prescribed period, encountered a technical failure with your online system, followed the alternative procedure provided to me by your employee, and then waited for CUP to process my correspondence.
I therefore require CUP to reinstate and consider my appeal.
5. Information requested
Please provide:
The complete original ANPR/CCTV photographs relied upon for PCN 327208.
The exact date and time each image was captured.
The complete alleged period of parking.
Confirmation of whether a Notice to Driver was issued on 22 April 2026 and, if so, a copy.
The date CUP obtained my registered keeper details from the DVLA.
Confirmation of whether CUP relies upon Schedule 4 of the Protection of Freedoms Act 2012 for keeper liability.
The evidence relied upon to establish that the vehicle was at the stated location.
Confirmation that the photographic evidence has been checked against the separate PCN which I paid in May 2026.
Confirmation that all ANPR records, photographs, audit logs and correspondence relating to this PCN have been preserved.
I also request that this email is treated as a formal complaint concerning the handling of my attempted appeal.
I note that the BPA's current Code of Practice requires operators to have an appeals process and to consider appeals submitted outside the normal 28-day period where exceptional circumstances prevented the appeal being submitted within the normal timeframe.
The circumstances here are clear: I attempted to appeal within four days, your online system prevented me from doing so, your employee directed me to submit the appeal by email, and CUP then failed to respond to that appeal for approximately five weeks.
I therefore require the appeal to be reinstated and considered on its merits.
If CUP refuses to do so, please provide your final complaint response and the POPLA verification code so that I can refer the matter to the independent appeals service.
I do not accept liability for this charge and I do not consent to this dispute being treated as resolved merely because CUP has declined to respond to the substantive issues raised.
Kind regards,


Messages In This Thread
PCN at location never attended - by Calg - 10-12-2026, 10:11 AM
RE: PCN at location never attended - by b789 - 10-12-2026, 12:08 PM
RE: PCN at location never attended - by Calg - 10-12-2026, 04:29 PM
RE: PCN at location never attended - by b789 - 10-12-2026, 04:38 PM
RE: PCN at location never attended - by Calg - 10-12-2026, 06:41 PM

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