CP PLUS parking fine letter - a few POFA loopholes?

[Hollyanna85]

**** EDITED - APPEAL UPHELD by CP PLUS**** "Dear Sir/Madam,

Thank you for your correspondence relating to your Parking Charge Notice (PCN).

Further to your representations, we have investigated your claims and can confirm that your Notice has subsequently been cancelled in full and no further action will be taken.

Please disregard any letters received regarding this PCN that predate this email.

Yours faithfully,

CP Plus Ltd"


I'm looking for some guidance on POFA wording please!! Received a letter from CP PLUS recording with photos my car at MOTO Birch East services on 14 Nov exceeding the 2 hours free period. Date of notice letter is 21 Nov. However it landed in my post box Monday 2 Dec at the earliest, as I had physically checked the post box the day before and nothing. This means I received the letter 21 days from day of alleged offence. However there is no post mark or date on the envelope (they're getting clever!) so I'm not sure how I can prove this.

Have read POFA and the letter is mostly compliant, however I've found a few things I am hoping to use in my appeal - can someone check this and advise??

1) According to POFA in Section 7 (4) "The notice must be given—
(a)before the vehicle is removed from the relevant land after the end of the period of parking to which the notice relates, and
(b)while the vehicle is stationary,by affixing it to the vehicle or by handing it to a person appearing to be in charge of the vehicle."

This didn't happen - I only got a letter weeks later. Does Section 7 apply to me? Further down in POFA under Section 8 (4) a) and b), and Section 9 (4) a) and b) it talks about giving the notice by post being compliant. Which did happen. Which of these applies to me? I'm confused about the difference.

2) If they are allowed to post me a letter, rather than handing it to the driver / affixing it to the car on the day, how many days do they have to do this within? In Section 8 (5) it states 28 days and in Section 9 (5) it says 14 days to deliver the letter. I don't know which Section applies to me - how many days did they have? I received it 21 days after the date of the alleged offence, though no date on envelope so how do I prove it.

3) I'm off to take photos of the signage later today to demonstrate they are not 'clear and prominent' and check it against the graphic of the sign in the letter for inconsistencies - any advice on that too I'd be grateful.

4) I see Parking Eye v Beagle mentioned in the letter highlighting that PCNs issued on private land are enforceable. But also advice in these forums stating it is worth mentioning the case law. Any thoughts?

Any help welcomed!! Today is the last day I can pay the reduced £60 and it goes up to £100 so want to decide by tonight.

Thanks, Holly

[ostell]

If there was no windscreen ticket then section 9 applies, they have to deliver the notice within 14 days of the event.

You swear on oath that you received it on the day your said.

*

[Hollyanna85]

If there was no windscreen ticket then section 9 applies, they have to deliver the notice within 14 days of the event.

You swear on oath that you received it on the day your said.

Thanks so much, I was hoping you would respond as I see you do it a lot on here. I can swear on oath it was at least 18 days after the event (not 21 as said above, mis-calculation) before I got the letter - it was absolutely not in my letter box on Sunday 1 Dec.

Is it worth me nit picking the rest of the letter and going to site to check the signage. Or just stick with this 14 days legislation argument? Would this appeal be okay?

Dear Sirs,

I have just received your Notice to Keeper [notice ref number] for vehicle [reg].

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 period of 14 days beginning with the day after that on which the specified period of parking ended, as prescribed by Section 7 (5) of the Act. The date of the event was 14.11.19, your notice to Keeper is dated 21.11.19, however the notice did not arrive until Monday 2 December, 4 days after the 14 day deadline of Thursday 28 November.*

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

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc.

[ostell]

The relevant period is in 8 or 9.* 7 is only for a notice to driver, ie a windscreen ticket, and contains no times.

[Hollyanna85]

The relevant period is in 8 or 9. 7 is only for a notice to driver, ie a windscreen ticket, and contains no times.

Sorry that should have read Section 9! Is that okay?

Dear Sirs,

I have just received your Notice to Keeper [notice ref number] for vehicle [reg].

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 period of 14 days beginning with the day after that on which the specified period of parking ended, as prescribed by Section 9 (5) of the Act. The date of the event was 14.11.19, your notice to Keeper is dated 21.11.19, however the notice did not arrive until Monday 2 December, 4 days after the 14 day deadline of Thursday 28 November.

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

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc.

[Hollyanna85]

Nudge for Ostell - is the above okay? Thanks

[ostell]

The requirement is in 9 (4)

But then you haven't posted up a redacted copy of the NTK

[Hollyanna85]

The requirement is in 9 (4)

But then you haven't posted up a redacted copy of the NTK

Thanks I'll amend to 9 (4). What do you mean by redacted copy of NTK?I was thkning of sending this:

To whom it may concern,

I have just received your Notice to Keeper xxx for vehicle xxx.

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 period of 14 days beginning with the day after that on which the specified period of parking ended, as prescribed by Section 9 (4) of the Act. The date of the event was 14.11.19, your notice to Keeper is dated 21.11.19, however the notice did not arrive until 02.12.19 at the earliest, four days after the 14 day deadline of 28.11.19. This I can swear to on oath, as I checked the letter box on 01.02.19 and it was not there. I then checked the letter box on 04.02.19 where I found it. I may be able to obtain neighbour's cctv evidence. There is no postmark on the envelope which I have retained - it was sent by Royal Mail PostageSmart, a postage management product, which I imagine conveniently negates the need to indicate the date and time it was delivered into the care of the postal service.

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

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from all records.

Yours etc.

Holly Nelson

[Hollyanna85]

The requirement is in 9 (4)

But then you haven't posted up a redacted copy of the NTK

Sorry to hassle you but I have to appeal to CP PLUS by tomorrow. What do you suggest I should say? Thanks