Peel Centre, Stockport Parking Charge Notice

[veggie123]

Hi,
I'm hoping someone might be able to give me some advice.
I am the registered keeper, but not driver, of a car which was parked at a pay and display car park at Peel Centre, Stockport on 9/12/17. The driver was unaware it was a pay and display car pack and reports seeing no signage to indicate this. After Christmas a PCN came through the post requesting a charge of £100, reduced to £60 if i pay within 14 days (Issue date 20/12/17).
Has any one else had this happen to them? Thanks in advance for any advice.

[ostell]

Re: Peel Centre, Stockport Parking Charge Notice

When did the PCN actually drop through the letterbox? From the date of the alleged incident they have 14 days to get it to you. If it arrived after the 23rd then it is too late. Is there a post mark on the envelope? It is assumed that a letter is delivered on the 2nd working day after posting IF it is posted first class Royal Mail. Doubt if it is Royal Mail nor first class.

[veggie123]

Re: Peel Centre, Stockport Parking Charge Notice

It arrived on the 23rd (i think) but i no longer have the envelope for proof or to check if it was first clas or Royal Mail.

[veggie123]

Re: Peel Centre, Stockport Parking Charge Notice

HI Ostell thanks for your message.
we were away for Christmas and came back after boxing day to find the letter. so it could have come on 23rd or 27th. Unfortunately it wasn't signed for so i don't know exact date and no longer have envelope. Does anyone on here know if Excel usually send out PCN first or second class?
Thanks for all the good advice on here it is a great forum

[ostell]

Re: Peel Centre, Stockport Parking Charge Notice

The parking companies seem to use mail contractors other than Royal Mail to reduce costs.

OK if it wasn't delivered on Friday 22nd and 23rd is not a working day then it would be assumed that the delivery would be on the next working day, the 27th.

Use this and tell the parking company that they have failed to deliver the NTK within 14 days and therefore there can be no keeper liability.

Check that the NTK conforms to the requirements of POFA , paragraph 9 for no windscreen ticket. And edit the first post so that the identity of the driver cannot be inferred.

[veggie123]

Re: Peel Centre, Stockport Parking Charge Notice

Great thanks.

[veggie123]

ostell Hi again Ostell,
I followed the advice and appealed on the grounds that the PCN was not issued within 14 days, I have not disclosed the driver. My appeal was not successful and i have been told to pay £60 (if i pay before 1st Feb) or £100 thereafter. They have also said that the pay and display signs are clearly visible so the driver should have bought a ticket. Am i (as the keeper) likely to face court action if i don't pay or is the fact that they did not send the notice within 14 days enough to stop it going to court?
Many thanks

[charitynjw]

Excel tend not to use PoFA for their claims, relying instead on common law breach of contract.

To do so, they must be able to ID the driver, as that is with whom the alleged contract is made.

They usually try to trot out Elliott v Loake as presumptive evidence that the RK is the driver.

This should sink that tired argument.

BTW did they give info re appealing via IAS?

[ostell]

Of course they will reject, they want the money. They have also not read your appeal as you appealed about not delivering within 14 days. Just ignore and wait till a letter before claim. They may try to continue but you have a good defence at court.

[veggie123]

ostell and charitynjw thank you for your replies. yes they did give info on appealing via IAS but i haven't pursued it. I agree they haven't properly read the appeal as they have not mentioned the fact it was not delivered within 14 days. By saying 'wait til a letter before claim' do you mean a court summons letter? Thanks for your help, what a great site.

[ostell]

Before you get a court claim the PPC or their solicitor are supposed to issue a "Letter Before Claim" or similar named, and give you 30 days to respond and clear up any issues, including missing documents.

[veggie123]

Thanks for all your help