Parking charged received 16 days after incident. Protection of freedoms act appeal?

[Goodbyebri]

Sent from Bank Park Parking Management.

Incident date: 20/10/22
Parking charge date of sending (according to Bank Park) 01/11/22
Parking charge actual date of arrival on my doorstep 05/11/22. 16 days after the incident.

Will the Protection of Freedoms Act be the appropriate grounds of appeal in this case? If so who does the burden of proof fall on regarding the late delivery date? If it falls on myself, the receiver, how could I prove this? I will have CCTV of the postman's comings and goings but I can't recall if the postman made any deliveries on the previous 2 days.The CCTV won't be detail enough to identify the specific letter that arrived this morning (the 5th). My Mother-in-law happened to be round so she did witness the letters arrival.

Thanks in advance

[des8]

Your mother in law may not be seen as an independent witness.

suggest you post up a redacted copy of the notice so it can be scanned for errorswhich might make it invalid

[Goodbyebri]

Thanks. Here is everything that was in the letter.

[des8]

It seems to me that tye NTK complies with the requirements of PoFA 2012 Schedule 4, so your only hope would be you MiL's evidence.

Any appeal to the parking company or the IPC is going to fail (it always does) so your only hope would be allowing it to go to court and hope your mother in law's testimony would convince the judge that the notice was not delivered on time.

I assume the parking charge was not made at the time of parking.
If the reason was that the signage was unlit and not seen, you could argue that the t&c's were not brought to the driver's attention.
I note the time of parking and the blackness of the photographs

your options are either pay the reduced amount on offer, or let it go to court with the risk that if you lose there will be additional (limited) costs to pay

[Goodbyebri]

Thanks for your advice. It's actually a car park I've been parking once a week at that time in the evening for about the last 6 years. I had always assumed it was a council run car park that doesn't charge after 6pm. There is a council run car park literally on the other side of the road that is free after 6pm.The one on my side was either sold to a private company recently or it was a private company all along and they decided to put cameras up that week. I believe the signage is lit, but you neither drive past the sign on entering the car park or walk past the sign when you exit the car park on foot. It's on the far side where there is no entrance/exit. The carpark is one straight line about 50 metres long with a single row for parking on either side.

The car park is in the middle of nowhere and the spaces aren't marked out so the parking charge is only £2 per day. Would there be anyway to challenge the £100 charge as unreasonably high?

[des8]

Edit your last post so that the identity of the driver cannot be ascertained.
So you could possibly challenge the charge (1)on the basis that the change in circumstances was not adequately signed and (2) the possibility of entering and leaving without seeing the signs means the signage is not clear nor adequately brought to the attention of drivers.
Consequently there was no intention by the driver to enter into a contract with the parking operator.

Whether or not such a challenge would win court couldn't say.