Parking charge notice received after 14 days

[User 1]

Hi, I'm looking for some advice if possible. I bought a 3 hour parking ticket in a private car park, but was photographed on entry and exit. Thus has resulted in 8 minutes longer stay prior to the ticket and 9 minutes longer totalling 17 minutes. I was issued a parking charged noticed dated 16 days after the alleged contravention. I wrote back saying that under the FOI law, they only had 14 days to transfer liability to the registered keeper (me) I did not name the driver and considered the matter closed. Needless, they wrote back saying they were enforcing the charge and quote the wrong amount time that had been purchased saying quite a few things. Ultimately does anyone know if I should appeal to POPLA as advised or simply maintain that they did issue the charge to the registered keeper in time ?

Any help would be much appreciated.
Thanks

[echat11]

Hi User 1

ostell Can you kindly take a look and advise, many thanks.

[ostell]

POPLA will accept not received within the relevant period.

Post up the PCN to see if there are any other fails

I dont know where you got the idea that it was FOI that gave them 14 days, it's down to POFA https://www.legislation.gov.uk/ukpga...dule/4/enacted

para 9 (4) if there was no windscreen ticket, otherwise 56 days

[echat11]

You can use Imgur to upload the PCN, removing all personal details and Ref numbers..

[User 1]

Hi, thanks for getting back ostell sorry was waiting for an email notification on a response to the post or would have got back sooner. A number of sources (I'll find one and post it soon) say that where a notice to driver was not served i.e. where ANPR was used, under the FOI they have 14 days to serve notice to the registered keeper. POPLA doesn't give them the right to get my details from the DVLA only the law governed by FOI can that is what I have interpreted

[ostell]

I think you are confusing FOI with Schedule 4 of the Protection of Freedoms Act 2012. POPLA doesn't come into it, that is the BPA Independant appeal body

https://www.legislation.gov.uk/ukpga...dule/4/enacted

So you appeal to POPLA with the failure to deliver within the relevant period. Add in any other POFA fails.

[User 1]

Hi ostell thanks so much. I was definitely confusing the 2 and reading POFA and thinking POPLA (consequence if 3 kids and is probably why we are talking in the first place !). So for avoidance of doubt, you were agreeing with me that under Protection of Freedoms Act 2012 they had 14 days to notify me as the registered keeper and failed ? As well as confirming that I would be grateful if anyone could spot any more fails on it, can I just attach an image to the thread with paper clip above would that be ok ? Many thanks.

[ostell]

Best use an external hosting site such as imgur to host your images and put a link on here.

[User 1]

Hi ostell please see images using this link. There is the original parking charge notice, then a zoomed in copy of the hard to read text, then there 2 sided reply (from them) to me for my rejection their charge on the 14 day rule. Note the incorrect assertion that a 60 minute ticket was purchased. A 180 minute ticket was purchased. Many thanks.

[User 1]

Sorry now with link: https://photos.app.goo.gl/xqEVjXD6x5v2mfm18

[ostell]

POFA fails for POPLA Appeal

9 (2) (a) no period of parking. Times taken when a vehicle is moving in front of a camera cannot, by definition, be parking
9 (2) (b) No notice that the driver is liable for the charge
9 (2) (e) No invitation for the keeper to pay or name the driver
9 (2) (f) No warning of keeper liability
9 (4) Notice not delivered within the relevant period.


Looks like they are quoting BPA and Code of Practise to justify their actions but that is not law. POFA is law.

[User 1]

ostell thank you very much for your help and prompt replies. This will help a great deal and hopefully resolve the situation. The company that issued this are part of a big multi national and I can't believe my case is unique with them not abiding by the law. If you had 100 examples (hypothetically) of them gaining money in this way would there be some sort of legal action that could be taken against them ? With POPLA I was wondering if you don't call out the legal fails in your appeal, would they uphold an invalid PCN, I suspect they would, which seems wrong and again it seems like something that should be challenged. Not getting ahead of myself though. Haven't won the appeal yet :-)

[User 1]

Hi ostell sorry one quick question I forgot to ask. As part of POPLA appeal Should I upload my valid parking ticket (with customer and address details removed) as proof that I did pay for parking and only overstayed by few minutes or does weaken the arguments challenging the registered keeper liability by somehow implying who the driver was ? I wouldn't state who the driver was obviously? Thanks

[ostell]

By a few minutes was that in excess of 5?

You need to point out to POPLA all the POFA fails.

[User 1]

ostell just wanted to say once again a massive thanks for all your help. I won the appeal, well the parking company strung it out until the last day and withdrew. Thanks very much and I hope someone can learn from the information in this thread. I did upload my valid ticket with my details removed, in case anyone subsequently wonders.