PCN when parked in the car park of the restaurant I was eating in.

[alf1956]

I went for a meal at the Aagrah restaurant 108 Barnsley Road, Wakefield, WF1 5NX on 25th December 2024. It does say on the signs on the wall that you must register your car in the restaurant. I went in and had my meal and asked the staff if I can register my car and they told me it was not required which I am now upset as I received a PCN on 20/01/2025 I have my credit card statement with the time and date showing that I was actually in the restaurant at the time. I am led to believe that they have to issue you with the PCN within 14 days is this correct? The letter that they sent makes me think that this is correct as the letter states " We are writing to you in relation to the above parking charge. We have very recently identified that the notice informing you of this PCN may not have reached you due to an issue with our postal service provider we have therefore reissued the PCN to you with an updated issue date " The updated issue date is the date of the letter 20/01/2025.

Can anybody shed any light on this matter in relation to if the ticket has timed out because it was not issued within 14 days and if I am liable to pay the ticket because I was actually in the restaurant at the time of the ticket.

Thanks in anticipation

[des8]

If you communicate with the parking company do not identify the driver.

I would approach this situation from two angles:

1. contact the restaurant manager or owner (not receptionist or cleaner!) and explain the situation and ask them to instruct the parking company to cancel the charge

2. write as follows to the parking company:


I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc

first class post with free certificate of posting from a post office

[alf1956]

How does this look regarding my appeal? I have not yet submitted it yet as I need approval from you guys first.

Dear Sir / Madam 02/02/2025
I am writing to you in response to PCN 283435069507

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

[des8]

That's fine,
Generally would say the parking company won't accept it as valid, but in this case they have already implied they know it is outside the time limits, so the outcome will be interesting.
Accepting appeals does not generate cash, so it is in their genes to push for payment no matter