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I have recently been appealing against an NTK received on the 9th of January 2019. The incident occurred on the 24th Dec 2018, the NTK was issued on the 4th of January 2019. My simple basis for appeal is, it was not delivered to me within the 14-day period as per PoFA 2012 and they used the post service for delivery, so can not hold the keeper liable.
Below is the reply I have from their solicitors. They say this is their last communication on the matter and that I should pay £170 to avoid legal proceedings. Back in early 2019, I made the same appeal which they never accepted. I then just ignored their letters as I thought I was right and the letters stopped. But they started up again this September and now from a solicitor. I've again launched the same appeal as I did three years ago, to which they have sent me the below
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The Solicitors have advised me via email:
Please see our Client's correspondence to you attached, which explains that the notice to keeper was in fact in line with POFA 2012.
Our client maintains the amount of £170 is outstanding. Please pay before 09/01/2023 to avoid further legal proceedings without further notice.
Below attached letter from the car parking company:
22ND FEBRUARY 2019
Dear So and so,
Parking Charge Reference number: 1234567
The Protection of Freedoms Act 2012 clearly states, “Specify the date on which the notice is sent (where it is sent by post) or given (in any other case)”. This is evidenced on our Notice to Owner which states “Issued Date – 4th January 2019”.
The contravention occurred on 24-12-18, therefore UK Car Park Management had 14 days beginning with the day after the specified period of parking ended to issue the parking charge notice; allowing us 14 days from 25-12-18 to issue the PCN. The above parking charge notice was issued, confirmed and sent on 04-01-2019, therefore taking into account Saturday 5th and Sunday 6th January 2019 as per POFA 2012 which 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”.
Therefore considering the above, the Notice to Owner is believed to have been received on 08-01-2019 which is within this time frame.
As previously stated, UK CPM has not been made aware of any postal issues around this time therefore we cannot be held liable for you receiving the parking charge notice outside of the 14-day discounted period.
We feel we have provided you with sufficient evidence to prove the above parking charge notice has been issued correctly and in line with POFA 2012, therefore we will not be commenting on these matters further.
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The letter from the parking company makes reference to The Protection of Freedoms Act 2012 and they say it clearly states, “Specify the date on which the notice is sent (where it is sent by post) or given (in any other case)”. And that "This evidenced on our Notice to Owner which states “Issued Date – 4th January 2019”.
But by my day count below, it still did not meet with PoFA 2012 - Schedule 4 para 9 (5)), which POFA requires the notice is given within 14 days starting with the day after the specified period of parking ended. Including 2 working days if sent by post.
Bottom-line, I just want help from any experts, people who more knowledgeable than me in confirming my argument, and reason for appeal are correct and that the keeper can not be held liable as the NTK arrived on the 15th day?
Thanks
Below is the reply I have from their solicitors. They say this is their last communication on the matter and that I should pay £170 to avoid legal proceedings. Back in early 2019, I made the same appeal which they never accepted. I then just ignored their letters as I thought I was right and the letters stopped. But they started up again this September and now from a solicitor. I've again launched the same appeal as I did three years ago, to which they have sent me the below
--------------------
The Solicitors have advised me via email:
Please see our Client's correspondence to you attached, which explains that the notice to keeper was in fact in line with POFA 2012.
Our client maintains the amount of £170 is outstanding. Please pay before 09/01/2023 to avoid further legal proceedings without further notice.
Below attached letter from the car parking company:
22ND FEBRUARY 2019
Dear So and so,
Parking Charge Reference number: 1234567
The Protection of Freedoms Act 2012 clearly states, “Specify the date on which the notice is sent (where it is sent by post) or given (in any other case)”. This is evidenced on our Notice to Owner which states “Issued Date – 4th January 2019”.
The contravention occurred on 24-12-18, therefore UK Car Park Management had 14 days beginning with the day after the specified period of parking ended to issue the parking charge notice; allowing us 14 days from 25-12-18 to issue the PCN. The above parking charge notice was issued, confirmed and sent on 04-01-2019, therefore taking into account Saturday 5th and Sunday 6th January 2019 as per POFA 2012 which 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”.
Therefore considering the above, the Notice to Owner is believed to have been received on 08-01-2019 which is within this time frame.
As previously stated, UK CPM has not been made aware of any postal issues around this time therefore we cannot be held liable for you receiving the parking charge notice outside of the 14-day discounted period.
We feel we have provided you with sufficient evidence to prove the above parking charge notice has been issued correctly and in line with POFA 2012, therefore we will not be commenting on these matters further.
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The letter from the parking company makes reference to The Protection of Freedoms Act 2012 and they say it clearly states, “Specify the date on which the notice is sent (where it is sent by post) or given (in any other case)”. And that "This evidenced on our Notice to Owner which states “Issued Date – 4th January 2019”.
But by my day count below, it still did not meet with PoFA 2012 - Schedule 4 para 9 (5)), which POFA requires the notice is given within 14 days starting with the day after the specified period of parking ended. Including 2 working days if sent by post.
| Dates | Days |
| 24 December 2018 | Date of Incident |
| 25 December 2018 | Day 1 |
| 26 December 2018 | Day 2 |
| 27 December 2018 | Day 3 |
| 28 December 2018 | Day 4 |
| 29 December 2018 | Day 5 |
| 30 December 2018 | Day 6 |
| 31 December 2018 | Day 7 |
| 01 January 2019 | Day 8 |
| 02 January 2019 | Day 9 |
| 03 January 2019 | Day 10 |
| 04 January 2019 | Day 11 |
| 05 January 2019 | Day 12 |
| 06 January 2019 | Day 13 |
| 07 January 2019 | Day 14 |
| 08 January 2019 | Day 15 |
Bottom-line, I just want help from any experts, people who more knowledgeable than me in confirming my argument, and reason for appeal are correct and that the keeper can not be held liable as the NTK arrived on the 15th day?
Thanks
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