Highview Parking Ticket

[SparkleStorm]

Hi, so I received a parking notice in the post yesterday (03/01) from parking view... do I have any grounds to appeal this? The notice I’m guessing was displayed on the gate that was open. Based on other appeals can I appeal on the grounds of the 14 day notice? Due to bank holidays it’s out by 2 days? £60 for 12 minutes!

[SparkleStorm]

Sorry just to add, the road is called Granada Street,Maidstone and the photographs only show the car entering and leaving. Would Buzz Bingo own the street?*

[ostell]

The notice has to be delivered within 14 days of the event.* The notice is assumed to delivered 2 working days after issue so issued on the 30th so assumed delivered on the 2nd January.* Whoops 15 days.* However keep this for your POPLA appeal and use:

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 give notice of keeper liability as prescribed by section 9 (2) (f) 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.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc


First class mail with free certificate of posting from a post office

[SparkleStorm]

Amazing, thank you so much! So if they come back to me use the 15 days but in the first instance us the above?*

[luxardo]

Won't he have to prove he did not receive it until 03/01 ? I seem to remember David Beckham being in a similar situation a while back. He won but I bet he spent a 5 figure sum on a top legal team.

[ostell]

It is assumed delivered 2 WORKING days after issue, which takes it to Jan 2nd. POFA 9 (6) To save arguments over this that's why I suggested the other response

OP:* they will probably reject but should give you a POPLA code. Your appeal to POPLA includes all the POFA fails (there are more)

[luxardo]

[QUOTE=ostell;n1504513]It is assumed delivered 2 WORKING days after issue, which takes it to Jan 2nd. POFA 9 (6) To save arguments over this that's why I suggested the other response

Yeah, I understand that but my point is that anyone can just say it never arrived on time. And I'm sure they will claim that they sent it on the 30th by first class post so the defendant is lying ? Wouldn't they have to prove they did send it on the 30th or the defendant prove (possibly by the postmark) that they didn't ?

*

[ostell]

[QUOTE=luxardo;n1504566]

It is assumed delivered 2 WORKING days after issue, which takes it to Jan 2nd. POFA 9 (6) To save arguments over this that's why I suggested the other response

Yeah, I understand that but my point is that anyone can just say it never arrived on time. And I'm sure they will claim that they sent it on the 30th by first class post so the defendant is lying ? Wouldn't they have to prove they did send it on the 30th or the defendant prove (possibly by the postmark) that they didn't ?

Please read 9 (6) of POFA.

The parking companies frequently use bulk mailing companies for delivery so there will be no first class and no indication of date of posting.

[luxardo]

That's exactly my point though (sorry if I'm not explaining myself properly)
If they say they posted it on 30/12/19 then POFA says it is assumed to be delivered 02/01/20.
Defendant is claiming if didn't arrive until 03/01/20 but doesn't he have to prove that ?

If I was the claimant I'd be claiming I sent it on 30/12/19 and according to POFA it is assumed to be delivered on 02/01/20.
I'd then ask it to be ruled that way with the emphasis on the defendant to prove it did not arrive until a day later.
POFA 9 (6) actually works in favour of the claimant.

Unless there is a burden of proof required it makes 9 (6) obsolete as anyone could simply claim documents did not arrive on time.

I think this was the crux of the recent David Beckham case but he had 10s of 1000s to spend on investigators and expert witnesses and proved it wasn't sent until a day after the date they claimed.

[Huxie]

That's exactly my point though (sorry if I'm not explaining myself properly)
If they say they posted it on 30/12/19 then POFA says it is assumed to be delivered 02/01/20.
Defendant is claiming if didn't arrive until 03/01/20 but doesn't he have to prove that ?

*

From my reading of this thread it is immaterial as the ‘POFA date’ of 02/01/20 equates to 15 days from the event.

*

[luxardo]

You are missing the fact that new years day was a public holiday

[Huxie]

You are missing the fact that new years day was a public holiday

As were Christmas Day and Boxing Day. Are you saying that the 14 days effectively becomes 17 days because of the public holidays?
*

[des8]

the fact it was a public holiday does not enter the equation.
The act specifies the NTK must be delivered within 14 days of the incident.
The deemed date of delivery is 15 days after the incident.
It is for the claimant to ensure the NTK is delivered on time, if necessary delivering by 'and

[des8]

As were Christmas Day and Boxing Day. Are you saying that the 14 days effectively becomes 17 days because of the public holidays?

...and if you are adding in all Bank Holidays don't omit Saturday & Sunday!
All these dates refer to deemed delivery of posted documents, not to the 14 day delivery deadline of the NTK

[luxardo]

All these dates refer to deemed delivery of posted documents, not to the 14 day delivery deadline of the NTK

Yes I know but the date of alleged contravention was 18/12/19 so the notice must be sent within 14 days (bank holidays and weekends are irrelevant) so must arrive by 01/01/20.

It was posted on 30/12/19 so is deemed to have been delivered 2 working days afterwards. 2 working days after is 02/01/20.
So that is 15 days after the allegation.

My question was :- is the deemed delivery date of 02/01/20 acceptable because there was a non working day within the posting period. ie if not for the bank holiday it would have been delivered on 01/01/20 (within 14 days).
If so and the defendant claims it was delivered on 03/01/20 does he have to prove that.

Or :- is it all irrelevant because the notice must be received by 01/01/20 ?

Once again, apologies if I have not explained my question clearly, I hope it is now ?