Notice to Keeper Received after 14 days

[Nino786]

Hi,

I understand private parking firms have to issue a notice to Keeper within 14 days. My wife parked at a shop on the Stratford road in Birmingham and didn't notice the signage. We received the notice to Keeper on the 9/11/22 and the parking contravention occured on the 20/10/22. However the issue date on the notice is 28/10/22.

Just wondering if this is enough to prove that the notice wasn't received within the statutory time limits? Unfortunately the envelope doesn't have a date on it.

I would be grateful for any help or advice.

Many thanks N

[des8]

Edit your post so that the identity of the driver cannot be inferred.

Unless you can show the NTK was not received within the 14 day period, it will not help you.

Post up a redacted copy of the notice so it can be checked for errors or compare it with the requirements of PoFA 2012 schedule 4 (https://www.legislation.gov.uk/ukpga...dule/4/enacted)

[HandyAndy]

Something called the "Interpretation Act" covers this.

Where a document is required to be or permitted to be served by post:

"...the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post."

Case law has established that "the ordinary course of the post" is two working days (Mon-Fri) after posting. So providing the sender can prove that the document was posted, it falls to the recipient to prove that it was received late (or not at all). Proving a negative is notoriously difficult.