Peel Centre Excel parking 'invoice' query

Timnbex1

Hi, I have received a notice to keeper - a parking ticket - in the post today, for parking at the Peel Centre in Stockport on 5th July without buying a ticket. This was 20 days ago and is the first notice I have had. I was unaware I hadn't paid.
From my past hour of reading posts on MSE, am I right in thinking that a posted ticket from CCTV evidence should be issued in 14 days?
And if so, would you advise I proceed with an appeal on this basis, or should I follow the appeal guidance in the 'Newbies!! Private Parking Ticket' thread

Thanks in anticipation of your advice.

waamo

Yes the Newbies thread has everything you need. Learn what GPEOL is and you will win at POPLA.

Dee140157

And I think if you search the forum (on the green bar immediately above the newbie thread the words search this forum) for the words Peel Stockport you will come up with 10 pages of threads about this one car park alone. Read a few of them too.

There is even a POPLA appeal (second stage appeal) written just for this car park!

Redx

you will also find posts by myself and bondylad detailing almost everything people need to know about this car park, including the fact its pay and display

not sure how you can be unaware you hadnt paid

either you paid, or you didnt, if you didnt you get a postal pcn by default , its that simple

you can be unaware that its a pay and display car park , many are as they assume its free to park, despite the signage

but if you did not pay, you cannot then be unaware of it

as mentioned above, there are dozens and dozens of threads about Peel centre so just cherry pick one and follow the same well-trodden path , appeal asap, then popla when its refused, no tardiness

ps:- not arriving within the 14 days doesnt nullify the ticket, it just means its not POFA 2012 compliant, an extra appeal point, providing you are the RK and its not a hire/lease/company car

Timnbex1

Thank you waamo, Dee140157 and Redx for your replies.
I have been reading the many posts relating to this particular car park. Apologies for having added another.
I was particularly after clarification on the period of time they should have notified me within - thank you Redx - I am the rk, so shall add that to my appeal once I have completed my reading research this evening.
Redx - your query about whether I did or didn't pay - I definitely parked on that day at the said car park. I know it is pay and display and I would always buy a ticket. However, I do not keep tickets so have no proof, and with my 3 young children in tow on that particular day, it is entirely plausible that I forgot to purchase a ticket. 20 days later I simply cannot remember. I guess I will have to take their word on that one.
Much more reading for me to do.

Thanks again for your advice.

Guys_Dad

Be aware of the POFA law on NtKs. If you were not ticketed on your windscreen, then the PPC has to get the NtK in your hands no later than 14 days after the event. The law assumes 2 days for postage, so it has to be dated no later than 12 days after the event. But weekends and bank holidays are excluded, so it could be as little as 10 days or 8 if Easter Bank holiday comes inbetween.

However, that does not invalidate the charge - it only limits the time they can pursue the Registered Keeper.

You may, therefore, write as the RK, pointing out their breach and telling them that you are not able to indicate who was driving as they left it too late. But you should appeal as keeper and get a POPLA code nonetheless as POPLA are a bit inconsistent about applying the 14 day rule.

The_Deep

Never ming GPEOL, never mind signs, never mind contract, never mind if you paid or not, their notice is unlawful,

If you appeal to popla on loss you will be conceding that their claim has some merit, it has none. Either appeal to Popla on keeper liability alone or write back to them telling them to contact the driver.

Then ignore, ignore, ignore, ignore, If they take you to court defend and take THEM to the cleaners. Do not forget to keep the papers.

Redx

Timnbex1 wrote: »

Thank you waamo, Dee140157 and Redx for your replies.
I have been reading the many posts relating to this particular car park. Apologies for having added another.
I was particularly after clarification on the period of time they should have notified me within - thank you Redx - I am the rk, so shall add that to my appeal once I have completed my reading research this evening.
Redx - your query about whether I did or didn't pay - I definitely parked on that day at the said car park. I know it is pay and display and I would always buy a ticket. However, I do not keep tickets so have no proof, and with my 3 young children in tow on that particular day, it is entirely plausible that I forgot to purchase a ticket. 20 days later I simply cannot remember. I guess I will have to take their word on that one.
Much more reading for me to do.

Thanks again for your advice.

to clarify, they may have lost on RK liability due to issuing the 14 day POFA 2012 deadline, but they can pursue THE DRIVER for up to 6 years under the small claims procedures

obviously they would have to know who was driving and no you dont admit those details and have no reason to give them out - no matter who was actually driving

closure by popla, even on no RK liability would cancel the RK pcn , as would not a gpeol etc

in future, keep the tickets, your problem could be that you used the incorrect reg number, a faulty machine , all kinds of reasons for this problem to occur , even if you paid for a ticket

if you had bought a toaster from currys you would keep the receipt for many reasons, parking is no different, its your contractual proof that you paid for the service , like a receipt in nandos

I would appeal using the template and add the lack of RK liability due to failure under pofa

if they issue a popla code, you could do the one shot POFA issue as an appeal point (I wouldnt but its your choice)

personally, I would use a previous popla appeal from here with all the points on it and quash the pcn on whatever the assessor sees fit

Guys_Dad

The_Deep wrote: »

Never ming GPEOL, never mind signs, never mind contract, never mind if you paid or not, their notice is unlawful,

If you appeal to popla on loss you will be conceding that their claim has some merit, it has none. Either appeal to Popla on keeper liability alone or write back to them telling them to contact the driver.

Then ignore, ignore, ignore, ignore, If they take you to court defend and take THEM to the cleaners. Do not forget to keep the papers.

Certainly if you want to be an ant-PPC campaigner like a lot of us on here, this is the sort of approach that gives satisfaction.

On the other hand, if you want to get this to go away and never have to deal with any more PPC tickets again, then hit them with GPEOL, signage, contract etc just as the Newbies thread advises, as well as the non keeper liability.

Timnbex1

Thank you for all your advice - it has reassured me that I have read and covered all the relevant information. Our letter has been sent off today with confirmation of postage. We've used the letter on the newbies post with the following addition due to the late arrival of the notice:

A This is my appeal and all liability to your company is denied on the following bases:

A) The late arrival of your notice. “If you are the Vehicle Keeper and you have not received this Notice by the 14th day after the Contravention Date stated above, our rights under POFA 2012 no longer apply.” This parking charge notice arrived on 25th July, with an issue date of 22nd July and a contravention date of 5th July. As you have not complied with the applicable conditions under Section 4 of the Protection of Freedom Act 2012, your rights no longer apply.

Will post our success when it arrives!
Thanks again.

The_Deep

Popla will cop out and allow on GPOL.