Parking Charge notice received 74 days after parking incident

[Guest]

Hi

Can someone advise if a parking charge notice being received 74 days after the incident is enforceable?

It is an NCP car park and they clearly have NAPR photos of my car so it is a fair cop from that respect. however I sort of feel the time delay from incident to receipt of the notice is unreasonable? It is titled Parking Charge Notice to Keeper - but they don't actually mention the Protection of Freedoms Act 2012, but as the Charge uses ANPR identification does that mean the POFA automatically applies?

Thanks

[Law Student 2]

Hi,*

Section 9, Schedule 4, Protection of Freedoms Act 2012 states a parking charge notice must be issued within 14 days. So on this ground you could argue the charge in unenforceable, if you were not the driver at the time of the charge and the NCP have no knowledge or evidence of who the driver was.*

In using PoFA a parking company could issue a notice against the registered keeper of a car when a driver cannot be identified as they are able to transfer the liability. However, if issuing outside of 14 days, a parking company cannot do this.
If a parking company does not meet the requirements of PoFA (by issuing within 14 days) then they can only enforce a parking charge notice against a driver if they know their name and address. As it is breach of a contract between the driver and the parking company they would be pursing.*

Therefore, it seems in this case, unless the NCP have confirmation of the driver of the vehicle at the time of the charge (for example, in any communications you have sent *them) they cannot enforce the charge against you, if you were not the driver at the time.

If you were not the driver at the time of the incident and only the registered keeper you can appeal to the NCP stating they have not complied with the requirements of PoFA, so are unable to transfer liability from driver to keeper and you do not wish and are under no obligation to tell them who the driver was.*

This is unless there was a notice put on your car at the car park.

Hope this helps!*

*

[ostell]

I think this is a duplicate thread which I've already replied to but response, without a windscreen ticket , is


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


If there was a windscreen ticket the the relevant period in 56 days and it's section 8(4)

Or is this a hire care?