Parking Charge 14 day query - issued/received

[PaulD87]

Hi all,

First and foremost, thank you for any help you are able to give. It's definitely appreciated!

I've received a parking charge today (29/10/2022) for a parking offence 05/10/2022. This is 24 days after. On the invoice they have a date of issue 14/10/2022.

My query is, does the 14 day period for parking charges mean they need to issue within 14 days or i should receieve within 14 days?

The wording is mixed on so many sites. Citizens Advice is clear that its received with 14 days but all othets gemerally say issued.

Also, the envelope doesn't have a postage date on it. Its just a bunch of code markings so I'm not sure how that could help my appeal.

Thanks
Paul

[des8]

The wording of the statute (Protection of Freedoms Act 2012) states:

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.

As the notice was issued 9 days after the alleged incident it will be deemed to have been received within the 14 day period unless you can prove otherwise.

Check the notice carefully against the requirements of PoFA 2012 Schedule 4 para 9 for any failures to comply
https://www.legislation.gov.uk/ukpga...dule/4/enacted

[PaulD87]

The wording of the statute (Protection of Freedoms Act 2012) states:

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.

As the notice was issued 9 days after the alleged incident it will be deemed to have been received within the 14 day period unless you can prove otherwise.

Check the notice carefully against the requirements of PoFA 2012 Schedule 4 para 9 for any failures to comply
https://www.legislation.gov.uk/ukpga...dule/4/enacted

Thank you for the response DES8.

I've been to the post office to check what the markings on the letter means and if they can be used to prove delivery date. They say the markings are for a franking machine which Royal Mail are unable to read. It needs to be read by the specific company.

The post office say the delay would have been caused by the Royal Mail strikes during October 2022. Considering this is out of my control, is there a clause that would support my appeal?

[des8]

Not as far as I know, but others might know different ... sorry

have you checked the wording of the original NTK complies with PoFA2012?

Ypou can post up a redacted copy of the PCN so it may be checked

[PaulD87]

From my understanding, I believe it ticks all of the boxes. I am no expert though. See attached.
it took me a while to figure out how to reduce the size so I could upload it *♂️

[des8]

Well have a closer look at PoFA2012 Schedule4 9 (2) (b) &(c) & (e)
I haven't bothered looking further as the print becomes blurry when enlarged

Suggest a letter on the lines of:


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 the requirements prescribed by section 9 (2) (e)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.
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

Send first class post with a free certificate of posting

[Albierose26]

I have something similar and like you have different advice from various sources. We have rec'd a PCN NTK Contravention date is 4/11 Issue Date 1/12 therefore issued 26 days (?) after the event.

Am I correct in thinking it has be 14 days after/within the 14 days from the contravention date according to the POFC please?

[des8]

pam56 You are correct, assuming the recipient is the registered keeper of the vehicle

If you have more queries on this matter would you please start your own thread to avoid confusion