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I appealed against a recent PCN which was not upheld, therefore I still need to pay the fine. I want to appeal to the IAS as detailed in the PCN's appeal outcome. I have written something up to send to the IAS, I wanted to get your thoughts on my appeal and if anyone has had any similar instances as outlined in my draft below. Any help would be greatly appreciated.
Section 9, Schedule 4, Protection of Freedoms Act 2012
(4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
(6)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.
Contravention date: 14/12/2019
For the purposes of sub-paragraph (4) 15/12/2019
Issue date(Posted) 27/12/2019
Issued 12 days after the contravention took place.
Letter sent, Section 4(6) 2nd working day: 31/12/2019
14 days is 29/12/2019 - Section 4(5) no reference to working days impacting this date.
Letter received: 02/01/2020
Under the presumptions from Section 9, Schedule 4, Protection of Freedoms Act 2012 the letter wasn't provided within the 14 day period outlined.
No requirement to prove the contrary in Section 4(6) as even though receipt of the documents occured on 02/01/2020, the 14 day period from 15/12/2019 ended on 30/12/2019 - a day prior to the presumptive date detailed in *Section 4(6).
Section 9, Schedule 4, Protection of Freedoms Act 2012
(4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
(6)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.
Contravention date: 14/12/2019
For the purposes of sub-paragraph (4) 15/12/2019
Issue date(Posted) 27/12/2019
Issued 12 days after the contravention took place.
Letter sent, Section 4(6) 2nd working day: 31/12/2019
14 days is 29/12/2019 - Section 4(5) no reference to working days impacting this date.
Letter received: 02/01/2020
Under the presumptions from Section 9, Schedule 4, Protection of Freedoms Act 2012 the letter wasn't provided within the 14 day period outlined.
No requirement to prove the contrary in Section 4(6) as even though receipt of the documents occured on 02/01/2020, the 14 day period from 15/12/2019 ended on 30/12/2019 - a day prior to the presumptive date detailed in *Section 4(6).
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