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Hi All,
I would like some advice on the below matter which has been running for the best part of over 3 years now.
Date of Incident: 24th December 2018
NTK issued: 4th January 2019
Received: 9th January 2019, however, they have argued received on 8th January 2019
I originally (in 2019) appealed at the time arguing that even if received on 8th January 2019 that it was outside the 14-day period according to my day count below, and they were not liable to hold the keeper liable:
I received many letter's threatening legal action which I ignored in the end. The letters stop for 3 years but started back up again this last September 2022, but this time the letter coming from a solicitor firm.
I have made exactly the same appeal to the solicitor firm and have received the below reply from them:
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Via email from Solicitors:
Dear Keeper
Good afternoon,
Thank you for your correspondence and apologies for the delay in returning to you.
Please see our Client's correspondence to you attached, which explains that the notice to keeper was in fact in line with POFA 2012.
Our client maintains the amount of £170 is outstanding. Please pay, should payment not be received by the 09/01/2023 our client may elect to issue further legal proceedings without further notice.
Your sincerely the solicitor
The correspondence from the parking company that was attached in the email:
Dear Keeper,
Parking Charge Reference number: 1234567
The Protection of Freedoms Act 2012 clearly states, “Specify the date on which the notice is sent (where it is sent by post) or given (in any other case)”. This is evidenced on our Notice to Owner which states “Issued Date – 4th January 2019”.
The contravention occurred on 24-12-18, therefore UK Car Park Management had 14 days beginning with the day after the specified period of parking ended to issue the parking charge notice; allowing us 14 days from 25-12-18 to issue the PCN. The above parking charge notice was issued, confirmed and sent on 04-01-2019, therefore taking into account Saturday 5th and Sunday 6th January 2019 as per POFA 2012 which states, “A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales”.
Therefore considering the above, the Notice to Owner is believed to have been received on 08-01-2019 which is within this time frame.
As previously stated, UK CPM has not been made aware of any postal issues around this time therefore we cannot be held liable for you receiving the parking charge notice outside of the 14-day discounted period.
We feel we have provided you with sufficient evidence to prove the above parking charge notice has been issued correctly and in line with POFA 2012, therefore we will not be commenting on these matters further.
Yours sincerely
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Am I correct in saying that regardless of what they say in there letter, they still did not meet the 14-day period, and that there is no way the keeper can be held liable?
Thanks in advance
ssns
I would like some advice on the below matter which has been running for the best part of over 3 years now.
Date of Incident: 24th December 2018
NTK issued: 4th January 2019
Received: 9th January 2019, however, they have argued received on 8th January 2019
I originally (in 2019) appealed at the time arguing that even if received on 8th January 2019 that it was outside the 14-day period according to my day count below, and they were not liable to hold the keeper liable:
| Dates | Days |
| 24 December 2018 | Date of Incident |
| 25 December 2018 | Day 1 |
| 26 December 2018 | Day 2 |
| 27 December 2018 | Day 3 |
| 28 December 2018 | Day 4 |
| 29 December 2018 | Day 5 |
| 30 December 2018 | Day 6 |
| 31 December 2018 | Day 7 |
| 01 January 2019 | Day 8 |
| 02 January 2019 | Day 9 |
| 03 January 2019 | Day 10 |
| 04 January 2019 | Day 11 |
| 05 January 2019 | Day 12 |
| 06 January 2019 | Day 13 |
| 07 January 2019 | Day 14 |
| 08 January 2019 | Day 15 |
I have made exactly the same appeal to the solicitor firm and have received the below reply from them:
------------------------------------------
Via email from Solicitors:
Dear Keeper
Good afternoon,
Thank you for your correspondence and apologies for the delay in returning to you.
Please see our Client's correspondence to you attached, which explains that the notice to keeper was in fact in line with POFA 2012.
Our client maintains the amount of £170 is outstanding. Please pay, should payment not be received by the 09/01/2023 our client may elect to issue further legal proceedings without further notice.
Your sincerely the solicitor
The correspondence from the parking company that was attached in the email:
Dear Keeper,
Parking Charge Reference number: 1234567
The Protection of Freedoms Act 2012 clearly states, “Specify the date on which the notice is sent (where it is sent by post) or given (in any other case)”. This is evidenced on our Notice to Owner which states “Issued Date – 4th January 2019”.
The contravention occurred on 24-12-18, therefore UK Car Park Management had 14 days beginning with the day after the specified period of parking ended to issue the parking charge notice; allowing us 14 days from 25-12-18 to issue the PCN. The above parking charge notice was issued, confirmed and sent on 04-01-2019, therefore taking into account Saturday 5th and Sunday 6th January 2019 as per POFA 2012 which states, “A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales”.
Therefore considering the above, the Notice to Owner is believed to have been received on 08-01-2019 which is within this time frame.
As previously stated, UK CPM has not been made aware of any postal issues around this time therefore we cannot be held liable for you receiving the parking charge notice outside of the 14-day discounted period.
We feel we have provided you with sufficient evidence to prove the above parking charge notice has been issued correctly and in line with POFA 2012, therefore we will not be commenting on these matters further.
Yours sincerely
-----------------------------------------------
Am I correct in saying that regardless of what they say in there letter, they still did not meet the 14-day period, and that there is no way the keeper can be held liable?
Thanks in advance
ssns
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