Parking Charge Notice

new_year_help

Hi, I have received a parking charge notice in the post from parking eye for £100 or £60 if paid with 28 days which I am going to appeal. Am I right that this letter should of been received within 14 days of the alleged offence? I received my letter 27th Dec, date of event was 11th Dec and the letter was dated 20th Dec but posted after this date and I have written proof from the courier company used. Can I use this for an appeal and is there a template letter anywhere as I cannot seem to find one for this?

Any help/advice would be appreciated.

bazster

ParkingEye used a courier company to send a Notice to Keeper???

Presumably, this being ParkingEye, there was no windscreen ticket, in which case you are correct: your letter would've needed to be received by Christmas Day. Ordinarily the law would presume a letter posted on 20th December was received by 24th December, but if you have actual proof of delivery on 27th then yes, that is proof that they failed to comply with POFA 2012 Schedule 4 and therefore cannot hold the vehicle keeper liable, only the driver (and you, of course, are not going to tell them who that was).

You don't need an appeal template for this one specific point, just read the Newbies thread, grab a template, and add in the point about the dates.

new_year_help

Hi, thats great thanks for the reply.

ParkingEye used Whistl and I contacted these with the barcode reference on the envelope and they emailed me back with the date they collected the letter from them, the date they sorted the letter at their depot and the date it was delivered to me.

Thanks again

bazster

I have to say this sounds like a massive own-goal by ParkingEye if they are now using a delivery service which will provide the recipient with proof of when delivered!

The_Slithy_Tove

Also a bit daft of them taking so long to even generate the NtK where 14 days from the parking event is right in the middle of the Christmas holidays. Don't forget that all this means is that they cannot use PoFA and keeper liability. You still have to go through the whole appeal rigmarole. Just don't say who the driver was at any point.

Fruitcake

bazster wrote: »

I have to say this sounds like a massive own-goal by ParkingEye if they are now using a delivery service which will provide the recipient with proof of when delivered!

Or proof that it was never delivered?

bazster

The_Slithy_Tove wrote: »

Also a bit daft of them taking so long to even generate the NtK where 14 days from the parking event is right in the middle of the Christmas holidays. Don't forget that all this means is that they cannot use PoFA and keeper liability. You still have to go through the whole appeal rigmarole. Just don't say who the driver was at any point.

Notice that the 20th (when the NtK was dated) was a Saturday? Methinks they may be under some pressure at Chorley Towers.

bazster

Fruitcake wrote: »

Or proof that it was never delivered?

Indeed, that too!

Coupon-mad

new_year_help wrote: »

Hi, I have received a parking charge notice in the post from parking eye for £100 or £60 if paid with 28 days which I am going to appeal. Am I right that this letter should of been received within 14 days of the alleged offence? I received my letter 27th Dec, date of event was 11th Dec and the letter was dated 20th Dec but posted after this date and I have written proof from the courier company used. Can I use this for an appeal and is there a template letter anywhere as I cannot seem to find one for this?

Any help/advice would be appreciated.

Use the first appeal in the NEWBIES thread but cut out some of my waffle as it won't fit in the PE appeals box online otherwise! You will see that the template already makes the point that the NTK isn't compliant with the POFA 2012 (they never are) so that covers this point.

new_year_help

That's great, thank you for all your advice/help. I am going to do the appeal now online. Just to confirm, do I only need to put in the parts about the letter being received outside of the 14 days or do I need to include any other points?

Regards

Fruitcake

new_year_help wrote: »

That's great, thank you for all your advice/help. I am going to do the appeal now online. Just to confirm, do I only need to put in the parts about the letter being received outside of the 14 days or do I need to include any other points?

Regards

You use every appeal point. You will only win on one, no GPEOL.