Parking charge notice - received after 14 days

[VR23]

Good afternoon,

I have received a Parking Charge Notice from UK Car Park Management. (Member of BPA)

The event was on 09.07.2020 13:44 exit time.
PCN issue date is on 22.07.2020
I received the letter today on 24.07.2020.

Can I appeal this based on sch 4 of the protection of freedoms act paragraph 9 (2) considering they are 1 day late? How do you prove when you've actually received the letter by post? Can't they come back saying that you've received the letter on 23rd and we are in the 14 days? Is it a case of their word against mine?

Furthermore, I can't see anything on the PCN regarding The Protection Of Freedoms Act 2012, only regarding The Administration of Justice Act 1970, although on their website they are referring to it under liability. So if they are not saying anything, this would fall under Contractual Law and I don't have to say who the driver was? Was just reading other posts around the forum regarding this...

Also, if I go online to the claims page, I need to tick a box saying who am I, Registered keeper, Driver or Vehicle hirer? Should I send the appeal by post or tick the Driver box?

Please find attached images with the PCN.

Thanks for your help and support,
VR

[ostell]

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

you must appeal as the keeper. If you insist on online then screen grab each page. Windows 10 screen snip function is good for this.

Otherwise first class post with free certificate of posting from any post office

was this an overstay by the driver? Has the driver complained to PALS at the hospital


Look at POFA 9 (6) . There is 2 days assumed for delivery. You don't have to prove it was delivered late

The period of parking is incorrect, how can the driver be parking when they are moving in front of a camera.

[VR23]

Hi Ostell,

Thanks for your quick reply.

So based on POFA 9 (6) they are 1 day late.

Driver went to A&E and paying the parking was the last thing on his mind...

I want to appeal online because it would be quicker than going to the post office. I could do this now for example, unless you see a legal reason of sending a letter via post.

If they don't accept our appeal, will I still have the option of paying £60 only? For example the 14 days that I have of paying only £60 will be "paused" because we've appealed?

Thanks,
VR

[ostell]

What makes you think they will accept an appeal?

If online then make sure the appeal is only as the keeper AND you take a copy of each page submitted page.

The reason for doing it by mail is that you have proof that something was sent

The driver must contact PALS at the hospital to ask them to cancel, especially as it was an emergency.