I did not receive a PCN. Debt recovery asking 170 pounds

[Trev65]

I received a demand from a debt recovery company for 160 pounds related to a parking fine. Basically saying that I had not paid the parking charge as stipulated (100 within 28 days, or 50 if paid within 14days). I queried this with them since I had not received a PCN from the parking company (they send them by post, not by sticking them on the windscreen). The debt recovery company wrote back to me with a copy of the PCN, but insisted that I still pay the 170 within 10 days. Since not having received the PCN had deprived me of the opportunity to pay a reduce charge (50 pounds) or of appealing i don't think this is fair. They make reference to the Interpretation Act of 1978 and imply that I have to prove that I didn't receive the PCN letter. That would seem like an impossible task!. If I had received the letter late, I would have been able to go to the post office and ask them to investigate and provide me with evidence. However, I obviously don't have that possibility. My reading of the Interpretation Act is that it is more applicable to delivery times for 1st and 2nd class mail. Not to items which were either never sent, or never delivered. I have sent them a registered letter indicating that I will not pay the 170. I have indicated that I will pay the 50 pounds and given the obvious reasons for this - that that's what I would have done if I had received the PCN in the first place. I have indicated that I will make the payment as soon as the send me an appropriate invoice for this amount. Does this seem reasonable?

[des8]

I have indicated that I will pay the 50 pounds and given the obvious reasons for this - that that's what I would have done if I had received the PCN in the first place.

Did your indication include identifying the driver?

They don't need to rely on the interpretation Act as the Protection of Freedoms Act 2012 sch 4 includes the following clause:
"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."
If they state a notice was sent, it will be deemed delivered.

[Trev65]

I don't get this. Such a system is open to abuse. A non scrupulous company could simply pretend to send out a notice and then 6 weeks later simply demand the escalated amount. To my reading, the quote you have given above is about what should be assumed about how long the delivery takes.

[des8]

You are correct, but if this goes to a court hearing and you request proof of the PCN being mailed, the parking company will point to their systems which will indicate that PCNs are regularly mailed correctly.
This will be done in their witness statement and accepted by the court as sufficient proof that your PCN was mailed as stated

[atticus]

That discussion overlooks the words "unless the contrary is proved". The statutory presumption is rebuttable, albeit that this may be more easily said than done.

[des8]

As atticus you say ""unless the contrary is proved"., but as this is virtually impossible pragmatically I didn't bother to raise the point.

IMO the OP's best option to avoid paying (viewing he has probably admitted being the driver) is probably an argument around the "damages" or "additional charges" of £60 if or when it goes to court

[Trev65]

Okay, thankyou. I am not willing to pay this sum since I did not received the notice. I understand what you have explained, but since it is common knowledge that post gets mis-delivered (I have received 2 such items in the last 10 days which I have delivered by hand to the correct house), I can't accept the logic of the Protection of Freedoms Act as you have explained it. I have now sent a letter to the debt recovery agency indicating as such and offering to pay the reduced 50 pounds which is what I would have done if I had received the notice. I indicated that i would do this as soon as they provided an appropriate invoice or demand, and that if I didn't hear from them within 14 working days, I would regard the matter as closed.

[des8]

Well good luck, but please keep us informed .

[Trev65]

Okay, I shall do so