ParkingEye Ltd. - First Notice Served 3 months after alleged overstay

[lljjhh]

Dear all,

I hope you are well and I would like some advice regarding ParkingEye Ltd.

On 16/11/19 I received my first notice regarding a 3 hour 11 minute overstay in a 3 hour limit shopping centre car park that happened on 29/08/19.

As you can probably understand, I was shocked to be receiving this nearly 3 months after the incident and I am unable to actually recall the circumstances of the day. I appealed to ParkingEye Ltd. on this basis and under Protection of Freedoms Act 2012 as under this is states they must serve their first notice '28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.'- this was rejected by ParkingEye Ltd.

I have started my appeal to POPLA and ParkingEye Ltd. have stated that 'this Parking Charge was not issued under the Protection of Freedoms Act 2012' so firstly I am confused as to which act this charge has been served under?

Secondly, they have attached a trail of letters, the first being from 02/09/19, by which they have served this notice to the wrong address, until my address was finally corrected on 15/11/19. The trail consists of 'Parking Charge Letter 1', 'Parking Charge Letter 2', 'Keeper Liability Letter' and 'Letter Before County Court Claim (PAPDC)'.

I feel that given that I received my first notice on 16/11/19, this is an unfair amount of time after the alleged incident happened to serve a first notice as I am not in the position to recall and therefore appeal on grounds of my circumstances on the day.

If anybody could kindly provide me advice on this then this would be greatly appreciated.

Thank you in advance.

[pt2537]

Dear all,

I hope you are well and I would like some advice regarding ParkingEye Ltd.

On 16/11/19 I received my first notice regarding a 3 hour 11 minute overstay in a 3 hour limit shopping centre car park that happened on 29/08/19.

As you can probably understand, I was shocked to be receiving this nearly 3 months after the incident and I am unable to actually recall the circumstances of the day. I appealed to ParkingEye Ltd. on this basis and under Protection of Freedoms Act 2012 as under this is states they must serve their first notice '28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.'- this was rejected by ParkingEye Ltd.

I have started my appeal to POPLA and ParkingEye Ltd. have stated that 'this Parking Charge was not issued under the Protection of Freedoms Act 2012' so firstly I am confused as to which act this charge has been served under?

Secondly, they have attached a trail of letters, the first being from 02/09/19, by which they have served this notice to the wrong address, until my address was finally corrected on 15/11/19. The trail consists of 'Parking Charge Letter 1', 'Parking Charge Letter 2', 'Keeper Liability Letter' and 'Letter Before County Court Claim (PAPDC)'.

I feel that given that I received my first notice on 16/11/19, this is an unfair amount of time after the alleged incident happened to serve a first notice as I am not in the position to recall and therefore appeal on grounds of my circumstances on the day.

If anybody could kindly provide me advice on this then this would be greatly appreciated.

Thank you in advance.

have you identified who the driver was?

[luxardo]

They have 56 days from date of allegation (28 days for you to pay and 28 days for them to act) to send a notice to keeper.
This is what you describe as 'Keeper Liability Letter'.
What date did this arrive at your address ? If it arrived afer the 56 days you are in the clear.
It is unclear from your post how they sent mail to the wrong address. They get your address from the DVLA so if you have recently moved address and didn't tell the DVLA they will claim they sent letter to a valid address under POFA.