57 days?

[Boomtownchav]

The driver visited a car park in Wells Next The Sea in March (30th) and attempted to pay a parking charge by phone. After a number of attempts in which the driver was cut off they went off to find somewhere to get change as the parking meter wasn't contactless. This the driver did and returned and paid the flat rate 4.50 charge (you also have to enter your reg so they would have a record) on Saturday I received a £60 fine as the driver had allegedly taken longer than 15mins to make the payment. In the letter, which arrived 57 days after the alleged parking it stated that if I appeal the charge will go up to £100 if unsuccessful. Is this legal?

[des8]

Was this the Port of Wells Public Car Park?

Please post up a copy of the PCN (suitably redacted) and edit your post so the driver of the car cannot be identified.
Change post so it reads "the driver" did this that or the other.

The cavalry will be along in due course!

[ostell]

Most important to do that edit.

Dear Sirs,

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

First class Post with a free certificate of posting from nay Post Office.

Still like to see what the PCN had to say.

[charitynjw]

Hi

Just to make you aware of something known as 'ghost ticketing'.

This is where the parking co claims that a notice to driver (windscreen ticket) was placed on the vehicle at the time of the alleged contravention, but it 'magically' disappeared before the driver's return.
Even if that were so, in your case it would appear that the postal NtK was served late.

As stated above by others, it would be advantageous to see the NtK.

[Boomtownchav]

I seem to think that they have accepted that the driver paid the charge but not within the 15 min window. It was a flat rate 4.50 so they gained no advantage. It says that the PCN issue date was 22/5/2019 which was still 53 days over the time allowed for CCTV parking fines... I think?

image_35345.png

[charitynjw]

They would say that, wouldn't they!
In any case, that is the date on the letter, not the day you received it.

[charitynjw]

Could you post up a pic of the rear of the PCN?

[ostell]

They are trying to claim from the keeper under schedule 4 of The Protection of Freedoms Act 2012. Your notes on the page suggest you are looking at different legislation. With no notice on the windscreen then the PCN has to arrive within 14 days, paragraph 9, to hold the keeper liable otherwise to arrive within 56 days paragraph 8.

When you upload again could you take out the PCN number.

[des8]

..............and you still haven't edited your posts so driver cannot be identified

[Amethyst]

done and done ( I think )

[charitynjw]

done and done ( I think )