Parking Eye PCN timing query

4_leaf_clover

I have received a PCN from Parking Eye for an incident 3 and a half weeks ago. This is my first experience and I am trying to understand the process but was hoping someone could clarify whether I have understood the timings correctly?

The background is the PCN for £70 was received through the post today for a stay of over 4 hours in a 4 hour zone. It was a leisure park and we were on site using the facilities all the time, bowling, food and soft play. All paid by cash but the receipts have long since been binned so I have no proof.

However am I right in thinking they only had a 14 day period from the day of the incident to send me the PCN? And if so how is it best to respond?

Thank you in advance to anyone looking at this thread that can offer advice,

ColliesCarer

Yes you are right that if there was no windscreen ticket (notice to Driver) then a Notice to Keeper must be received within 14 days of the alleged event to comply with the requirements in POFA 2012 Schedule 4 section 9.
It doesn't make it illegal and providing you live in England or Wales you will still need to appeal it but it does mean that you will have an extra appeal point - NtK not compliant with POFA Schedule 4 - received too late for Keeper Liability.

Read the NEWBIES Sticky thread for advice about how to appeal to the parking company and the 1st appeal template letter to which you can add the above point

jhe

ColliesCarer can you confirm this is 14 days and not 14 working days, thanks

ColliesCarer

It's calendar days not working days and the count for the 14 days starts the day after the alleged event.

See POFA Schedule 4
9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

.
(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

hoohoo

Keep the envelope it came in. What is the date the notice was sent (will be on it top right). If the date is such that the letter cannot be received by you in the 14 days, and the letter mentions keeper liability then they are in trouble.

Send off an appeal writing as the keeper. Get proof of postage
Send off POPLA appeal when they reject
Job done!

jhe

in the same boat as you 4 leaf clover.
date of event 25 April
date issued 01/05/2014
only received today!
letter starts off 'further to the recent Parking Charge Notice this Parking Charge remains outstanding' (nothing previous received) you have until 15 May or the amount will increase'
£100 or £60 if paid tomorrow.
in my case no date stamps on envelope

apologies op not meaning to hijack your thread, just very similar circumstances

ColliesCarer

Hi jhe,

Please start your own thread for the forum members to advise you. Looks like the PPC are trying to make out there was a prior windscreen notice.

jhe

thanks Colliescarer
i will start a thread another day, i need to check carpark out etc just got the letter today and definite no windscreen notice.
just needed to check the 14 days for now which you kindly answered.