Charge notice for parking on yellow lines at bp garage

[LaneyBob]

Hi

I am looking for some advice. My company are the registered keeper of a vehicle that is being charged for being parked on double yellow lines at BP Stansted. I have looked up a number of links that say that they have won and how they did so but all of them have argued about the 14 days notification. In this case the contravention was on the 9th Feb and the date of issue was the 22nd Feb so just inside the 14 day period. Is there any other way I can start the process of fighting this. I have already looked up the images on MET Parkings website and the vehicle was there no longer the 16 minutes.

I have attached the notice.

Thank you in advance

[ostell]

The 14 days is alive and well. They have 14 days for you to RECEIVE the notice, not send it. There is another complication in this in that they issued it on a Friday, the 22nd, and the delivery is assumed to be 2 WORKING days later, ie Tuesday 26th, 17 days later. POFA 9 (6)

There are also other omissions of required wording from the letter, at least on the page you posted. Here's POFA. is all the wording required by paragraph 9 actually in the notice. I can't see 9 (2) (f).

Anyway, an appeal:

Dear Sirs,

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

If appealing on their website then take screen prints as you go. Alt+PrtScrn copies the active window. Paste into Word or similar

If by mail the First Class and get a free certificate of Posting from a Post Office.

[LaneyBob]

Great thank you Ostell. I will let you know how I get on.

[charitynjw]

They might try to 'abandon' PoFA 2012 & claim via the common law of contract.

In this scenario (given the circumstances), they might try to claim that the principal (ie the firm) is responsible for the agent (the driver).

& in common law, as the driver is party to the 'contract', liability can be transferred to the firm.

This has been tried before................& failed spectacularly!

See link for the court case.

[LaneyBob]

There are also other omissions of required wording from the letter, at least on the page you posted. Here's POFA. is all the wording required by paragraph 9 actually in the notice. I can't see 9 (2) (f).

In addition with reference to the above I have looked at the back page and although it states 28 days twice neither of these relate to them having the right to recover the unpaid amount.

Thank you again for your help. Fingers crossed.

[LaneyBob]

They might try to 'abandon' PoFA 2012 & claim via the common law of contract.

In this scenario (given the circumstances), they might try to claim that the principal (ie the firm) is responsible for the agent (the driver).

& in common law, as the driver is party to the 'contract', liability can be transferred to the firm.

This has been tried before................& failed spectacularly!

See link for the court case.

Thank you Charitynjw. Good to know. I will take a look in case they try that one.

[charitynjw]