Britannia Parking Charge Notice

[johnc81]

Hello Everyone,

I have just received a Parking Charge Notice from Britannia Parking for an offence committed on 25th November 2022. The driver stayed over the time allowed (more than the grace period) in a Waitrose car park and the ANPR picked this up. The "Date of Contravention" is 25th November 2022 and the "Date of this notice" is 09th December 2022, exactly 14 days after the offence. I have only received the letter today on 21st December 2022.

I have a couple of questions because I am not clear on the rules.

1. The letter says I get a reduction from £70 to £40 if I pay within 14 days. What date does that start from? The date I received the letter (today) or the "Date of this notice" on the letter. If the latter, I have to pay by tomorrow, which seems unfair!
2. I keep hearing that I must have received the letter within 14 days otherwise I can appeal. Is that true? Or does it just have to be issued within 14 days by Britannia?

If someone can let me know if I have an opportunity to appeal, that would be great.

Kind Regards,

John

[des8]

The rules applicable here are set out in Protection of Freedom Act 2012 Schedule 4 Sec 9 (4) (5) & (6)

The notice to keeper must be sent so that it is received within 14 days of the incident.
It is assumed the notice, if sent by post is delivered on the second working day after the day on which it is posted

So your notice, if issued 14 days after the incident, cannot have been delivered to you within the relevant period.

Write:first class post with free certificate of posting from a post office:

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 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


Also edit your post so the driver is not identified (eg state "the driver stayed...")

[johnc81]

Hello DES8,

Thank you for your response, I will do that. Can I appeal online or should I post a written response?

Kind Regards,

John

[des8]

Both but certainly write first class Royal Mail post with free certificate of posting from a post office

[johnc81]

Thank you, I have raised the appeal online and will post the letter today. Will let you know the outcome.

[Blue123]

Both but certainly write first class Royal Mail post with free certificate of posting from a post office

Hi did you get any response - A notice to keeper has arrived to my property yesterday 16th January, with date of notice 9th January - the contravention date was 29th December - i dont know who was driving at the time as we all use the car

[des8]

Blue 123 looks like the parking company got delivery dates right.
NTK issued 09/01 means presumed delivery 11/01 which iswithin the 14 days from date of incident.

If you require assistance please start a new thread, and post up copies of car park signage and (redacted) NTK.