PCN possibly received after 14 days?

[justas31]

Hello,

I need some advice on this parking charge. I basically didn't realized that the parking management company has changed. Initially, it was NCP parking so I used to just pay with the app but it turns out that the parking company has changed quite a while ago but on Google maps, it still shows as NCP parking, NCP app still allows to pay and the new company signs are also yellow colour. Let's just say I'm lucky that it is only the first PCN that I have received from them. I know that the date of sending says 10th of January 2022 and it would all still be within 14 days period. However, I received the letter only today 14/01/2022 and on the second page of the PCN it states "The notice is deemed to have been given to you on the second working day after the date of sending above". If we take that into account then the date of when the notice is given will be 12/01/2022 which would 15th day after I have parked there. Am I understanding it correctly and would I be able to appeal it because of that?

Another thing that I would also want to check, if there would be other occasions in the past where I might have parked without paying to the correct company, would they be able to charge me for that too if it all goes to court?

[justas31]

Thank you for the help ostell will send that and hope for the best. I know I was at wrong here but it was just an honest mistake for which I wouldn't want to pay that much.

[ostell]

As per your notice letter it states that "The notice is deemed to have been given to you on the second working day after the Date of Sending above", as per POFA 9 (6). Taking into consideration the statement mentioned previously the date that you assume I would have received would be the 12th of January 2022, 15 days after the parking event, however the actual date received was 14th of January 2022. Because of that 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 have also failed to give notice of keeper liability as required by 9 (2) (f) of the same Act.

[justas31]

ostell do you think this would be sufficient?

Dear Sirs,
I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

As per your notice letter it states that "The notice is deemed to have been given to you on the second working day after the Date of Sending above". Taking into consideration the statement mentioned previously the date that you assume I would have received would be the 12th of January 2022, however the actual date received was 14th of January 2022. Because of that 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 have also failed to give notice of keeper liability as required by 9 (2) (f) of the same Act.

I will include the rest of it when sending the email.

[ostell]

It is the date received that matters not the date of sending.

You could expand the argument and take them through the calculations. Post on here first before you send.

[justas31]

ostell thank you for the reply, I have seen this template throughout the forum. However, I am wondering whether it would still apply to this situation considering that the date of sending was within 14 day period but then there is that comment in the letter that I mentioned previously.

[ostell]

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 have also failed to give notice of keeper liability as required by 9 (2) (f) of the same 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


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