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PCN 1st notice took 8 weeks to arrive, is it valid?
After 8 weeks from a return from holiday we received a parking notice from "park with ease" with a car park at a visitors attraction. I wonder if any of you legal guys on here that can help please? These people wanted a £60 payment from me after 8 weeks, having referred in their letter to a "previous notice" which we never received. I cant upload the letter, so see below:
They say:
"Further to our previous notice, the above charge is now outstanding, payment in full should be made within the next 14 days to prevent legal action being taken. It is imperative payment is made within 14 days to prevent further action" details overleaf, Yours etc etc
After a pointer from a colleague I replied via e-mail
Dear Sirs,
I have just received your notice Reference number:
xxxxxxxxxx, to keeper xxxxxxxx for vehicle xxxxxxxxxx, registration mark: xxxxxxxxxx
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.
I do not expect to hear from you again except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.
Yours Sincerely
xxxxxxxxx
They replied via e-mail:
Thank you for your email
Upon entering the site you entered into a contract to pay for the parking that was due at the time or up to 48 hours following your departure (online) or pay a parking charge notice (reduced if paid within 14 days).
The signage on site clearly states that charges are in place 24 hours a day on all days and apply to all vehicles. There are 5 signs on this site, including 1 on the entry, 1 on the exit and one by the kiosk. Our signage has been audited by The IPC our Accredited Trade Association and is fully compliant.
We have not claimed to and are not seeking to use POFA 2012 to pursue the matter, therefore we have no requirement to issue any letters within 14 days.
Since you failed to pay for the parking that was due at the time or up to 48 hours following your departure and were over the advertised grace period the parking charge notice has been issued correctly.
You can pay your parking charge notice online at www.parkwithease.co.uk or by sending a cheque or postal order to Park With Ease, Unit 15 Duttons Business Park, Dock Road, Northwich, Cheshire, CW9 5HJ.
The Independent Appeals Service (www.theIAS.org) provides an Alternative Dispute Resolution scheme for disputes of this type. As you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service providing you lodge an appeal to them within 21 days of this rejection.
If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). In order to appeal the IAS will need your parking charge number, your vehicle registration and the date the charge was originally issued.
Please note, the 14 day reduced period is not held whilst an appeal is in place.
Kind Regards
xxxxxxxx
Customer Services
Are they right? Do I communicate with them again, pay the charge or anything else?
I am very conscientious with regard to paying parking charges, and it upsets me that they are classing me as dishonest. However I feel they have no right to make assumptions about the drivers identity. Thanks in advance for any legal pointers from you. Smick
After 8 weeks from a return from holiday we received a parking notice from "park with ease" with a car park at a visitors attraction. I wonder if any of you legal guys on here that can help please? These people wanted a £60 payment from me after 8 weeks, having referred in their letter to a "previous notice" which we never received. I cant upload the letter, so see below:
They say:
"Further to our previous notice, the above charge is now outstanding, payment in full should be made within the next 14 days to prevent legal action being taken. It is imperative payment is made within 14 days to prevent further action" details overleaf, Yours etc etc
After a pointer from a colleague I replied via e-mail
Dear Sirs,
I have just received your notice Reference number:
xxxxxxxxxx, to keeper xxxxxxxx for vehicle xxxxxxxxxx, registration mark: xxxxxxxxxx
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.
I do not expect to hear from you again except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.
Yours Sincerely
xxxxxxxxx
They replied via e-mail:
Thank you for your email
Upon entering the site you entered into a contract to pay for the parking that was due at the time or up to 48 hours following your departure (online) or pay a parking charge notice (reduced if paid within 14 days).
The signage on site clearly states that charges are in place 24 hours a day on all days and apply to all vehicles. There are 5 signs on this site, including 1 on the entry, 1 on the exit and one by the kiosk. Our signage has been audited by The IPC our Accredited Trade Association and is fully compliant.
We have not claimed to and are not seeking to use POFA 2012 to pursue the matter, therefore we have no requirement to issue any letters within 14 days.
Since you failed to pay for the parking that was due at the time or up to 48 hours following your departure and were over the advertised grace period the parking charge notice has been issued correctly.
You can pay your parking charge notice online at www.parkwithease.co.uk or by sending a cheque or postal order to Park With Ease, Unit 15 Duttons Business Park, Dock Road, Northwich, Cheshire, CW9 5HJ.
The Independent Appeals Service (www.theIAS.org) provides an Alternative Dispute Resolution scheme for disputes of this type. As you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service providing you lodge an appeal to them within 21 days of this rejection.
If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). In order to appeal the IAS will need your parking charge number, your vehicle registration and the date the charge was originally issued.
Please note, the 14 day reduced period is not held whilst an appeal is in place.
Kind Regards
xxxxxxxx
Customer Services
Are they right? Do I communicate with them again, pay the charge or anything else?
I am very conscientious with regard to paying parking charges, and it upsets me that they are classing me as dishonest. However I feel they have no right to make assumptions about the drivers identity. Thanks in advance for any legal pointers from you. Smick
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