Parking Charge Notice Issued after 14 days

[charitynjw]

I went to the Royal Mail sorting office and they said that they can't prove when the letter was sent as it was a pre paid envelope. There is no tracking code that can be associated with a date on this particular type of envelope. I believe I have two options:

Option 1) I am thinking now to pursue a freedom of information request to see when they sent the letter.
It would actually be a SAR under the Data Protection Act 2018/UKGDPR.
If there is no way that I can prove it on my end then the onus should be on them to prove when they posted it.
Not so. If the letter is properly addressed & posted, the onus is on the intended recipient to prove that it was not delivered.

Option 2) My other approach is to make an appeal. If my appeal is rejected then I will take it up with the independent adjudicator, Parking on Private Land Appeals (POPLA) as the parking company is a member of British Parking Association. Since I received the letter on the 2nd May then I am still within 28 days of the appeals process.


charitynjw what is your advice in this situation and what letter template can I use to send them.

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[charitynjw]

I must admit that I'm struggling to see any viable appeal or defence on the information given so far.
That said, it is always a good idea to exhaust any available appeals procedure if possible.

What is the back story? (Do not reveal the driver's ID, even by implication).

Legible photos of the site signs might also help.

[poplar]

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The first letter was delivered 27 days after the parking incident, isn't there a legal requirement for them to post it after 14 days? I'm not disputing that the letter wasn't delivered. But the lateness of it. I have checked with the Royal Mail who can't confirm when it was sent through my door as it's a prepaid envelope. I don't have CCTV footage as I don't have cameras installed so have no idea how I'm supposed to prove this.

[poplar]

I must admit that I'm struggling to see any viable appeal or defence on the information given so far.
That said, it is always a good idea to exhaust any available appeals procedure if possible.

What is the back story? (Do not reveal the driver's ID, even by implication).

Legible photos of the site signs might also help.

I used the car park which is for gym members only. I didn't see the signs and hence didn't notice that I shouldn't have parked there. 27 days later I receive a letter stating to pay £100 or £60 if I pay within 14 days. However, because they posted the letter to me so late I am not able to pay the reduced £60 fine, as I have passed the 14 day time limit. They state in the letter that the fine is reduced if I pay early but the option to pay £60 is not available on the website due to what I presume is the 14 days running out. But that is not my fault as I received the letter so late.

They then sent another letter but increasing the fine to £170 and in that letter claim to have sent a reminder letter on the 2nd of June. I never received this reminder letter.

06/05/2023 - Date of parking incident
16/05/2023 - Date of issuing first letter (10 days from parking)
02/06/2023 - Date of receiving the first letter in the post. (27 days from parking)
02/06/2023 - Car parking company claim to have sent a reminder letter. Never received this in the post. (27 days from parking)
26/06/2023 - Date of receiving the second letter (supposedly the third from their angle) increasing the fine to £170.

I have posted redacted copies of all the letters I have received on the previous page.

My gripe is that they have not given me 14 days to pay the £60 fine even though they claim they will accept the reduced fine if I pay within 14 days.

[charitynjw]

The first letter was delivered 27 days after the parking incident, isn't there a legal requirement for them to post it after 14 days? I'm not disputing that the letter wasn't delivered. But the lateness of it. I have checked with the Royal Mail who can't confirm when it was sent through my door as it's a prepaid envelope. I don't have CCTV footage as I don't have cameras installed so have no idea how I'm supposed to prove this.

It is very difficult to prove.
But PoFA s9(2)(6) to a large extent echoes s7 of the Interpretation Act 1978, & leaves no doubt that it is for the intended recipient to prove that proper service was not effected.

[charitynjw]

I used the car park which is for gym members only. I didn't see the signs and hence didn't notice that I shouldn't have parked there.
If you use this as an appeal point, PoFA & the 14 day rule will no longer be applicable. You will have, by implication, ID'd who was driving.
27 days later I receive a letter stating to pay £100 or £60 if I pay within 14 days. However, because they posted the letter to me so late I am not able to pay the reduced £60 fine, as I have passed the 14 day time limit. They state in the letter that the fine is reduced if I pay early but the option to pay £60 is not available on the website due to what I presume is the 14 days running out. But that is not my fault as I received the letter so late.

They then sent another letter but increasing the fine to £170 and in that letter claim to have sent a reminder letter on the 2nd of June. I never received this reminder letter.

06/05/2023 - Date of parking incident
16/05/2023 - Date of issuing first letter (10 days from parking)
02/06/2023 - Date of receiving the first letter in the post. (27 days from parking)
02/06/2023 - Car parking company claim to have sent a reminder letter. Never received this in the post. (27 days from parking)
26/06/2023 - Date of receiving the second letter (supposedly the third from their angle) increasing the fine to £170.

I have posted redacted copies of all the letters I have received on the previous page.

My gripe is that they have not given me 14 days to pay the £60 fine even though they claim they will accept the reduced fine if I pay within 14 days.

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