Excel parking fine

[charitynjw]

Hi all

still no response from the company. Looking online does this section of the protection of freedoms act 2012 become relevant:

The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

given that the notice to keeper was sent on 24/10/22 and the alleged parking offence happened on 8/10/22?

It might pay you to read back on previous posts on this thread.

[Teleworm]

I have, it doesn't really state if this is relevant only that the same section of that law states they cannot charge more?

my question is do they have a case at all given the delay

[charitynjw]

I have, it doesn't really state if this is relevant only that the same section of that law states they cannot charge more?

my question is do they have a case at all given the delay

In a nutshell
One of the very first parts of the Protection of Freedoms Act 2012 Schedule 4.(PoFA).
If the land (parking site) is under statutory control (eg byelaws), PoFA doesn't bite.
End of.

[Teleworm]

Hi all

firstly thank you for everyone's help. The company never responded to the email that was sent. The driver phoned them and asked to speak to the litigation team, they were told that they were an email only department. The driver told the company this wasn't the case as they had already spoken to them on the phone. The driver was told to ring back after 2 as they would be back from lunch.

the driver rang later and was put through to the department. The lady was unable to provide information as to why the amount stated on the sign was different and asked what amount was stated on the sign (this was after arguing that there was no amount on the sign for the debt recovery costs) she then said that a letter had been sent to the driver to explain the costs for the debt team. The driver asked when it had been sent and was there any evidence of this. The lady then said it was sent via email but couldn't tell the date or email that had sent it. The driver then asked for the next steps as something didn't add up. The lady became irate and stated that she wasn't going around in circles and if the driver didn't pay it was going to court. The driver asked how the judge would view the above information given it seems there is a change in contract. She said she wasn't going around in circles and was now going to hang up.

the driver then called back and asked to be put through to a manager. The manager heard the above and said it was simple, he would simply resend the debt recover letter with the new amount on, he asked what amount was written on the sign, the driver told him but also said that this was changing the terms. The manager then agreed to accepting a lower fee with no liability on the driver to mark the matter as fully paid and settled. The driver recorded this phone call (the manager did say he would send an email confirmation but unsurprisingly this never arrived).

the matter is finally put to bed but for anyone in future in a similar scenario it seems accessing a manager and complaining about professionalism is not a bad route although definitely not guaranteed.

also don't ever admit to being the driver seems to the the key takeaway!

thanks again for all of the advice given

[charitynjw]

If it were me I'd chase for email confirmation of the oral agreement.
But if you are happy that the recording is sufficient, so be it.