PCN advise

[worthashot]

On the 4th of November I received a PCN as the registered keeper of a car which allegedly over stayed the 2 hour limit. I will attempt to upload the pictures.

The alleged offence was on the 18th October, however I didn't receive the letter until the 4th of November. However it is dated the 31st October. This means that in theory, at least it should have arrived within 14 days (it didn't!). Is there any benefit in arguing that the post office strikes could affect the delivery times?

if not, is there any alternative argument to use, for example the POFA 2012 act?

Edit; I am having problems uploading the pictures

Thanks in advance for any help.

[worthashot]

Front of letter

[des8]

well i calculate that notice was received out of time

Incident date 18/10 means notice to be delivered by 1/11 (14 days beginning with the day after that on which the specified period of parking ended)
Notice posted 31/10 and deemed delivered on the second working day after the day on which it is posted i.e. 2/11

There are possibly other errors, but need to see the rest of the notice.

[worthashot]

Is that definitely right? If the incident is the 18th, and they take 14 days from the day after the incident then that's 14 days from the 19th, which is the 2nd of November. Meaning it would be on the 14th day. Or do I have that wrong?

[worthashot]

I've tried uploading the reverse side, but I get the following

[worthashot]

https://imgur.com/a/2DO1Iy7

[atticus]

19 October to 4 November is more than 14 days.

[worthashot]

I agree with the above. But 14 days after the 19th is the 2nd of November. As it was posted on the 31st October, it would be deemed to have been served on the 2nd. I didn't receive it until the 4th, but obviously I have no proof of this

[atticus]

POFA schedule 4 does not provide for "deemed" service, unlike, say, the CPR. It contains a rebuttable presumption, as follows (my emphasis).

(6)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.

Can the OP prove the date of receipt? It might be worth a letter stating the date of receipt.

[des8]

14 days beginning the date after the incident is as follows:
Oct 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, &; Nov 1
Nov 1 is the 14th day by which NTK has to be delivered.

NTK posted 31/10 and presumed delivered on 2nd working day after it was posted ie 2/11

So one day late by my calculation (but my calculations were done without the aid of an electronic calculator!)

Ther are also other failures with PoFA 2012 so write to them 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"

[worthashot]

Thank you. I wasn't trying to argue with your knowledge, I just wanted to be certain of the dates beforehand. I wasn't sure if the 19th would be considered day 1 or day zero, if you like. Again, thank you for your help.