NtK received out of time? BPA member PPC

davas100

Hi all,

I just received a letter from a private parking company for my car not displaying a permit on 24th December. I'm being asked to pay a £100 charge (or £60 if paid within 14 days). It is from a company called UK car park management Ltd. And States they are a member of BPA. The car was parked for 70 mins in a reserved bay.

The date of issue written on the letter is dated 7th January but I only received the letter on the 15th.

I did not receive a notification on the windscreen so I think the letter is classed as a Notice to Keeper? Having read the forum a bit I intend to appeal by sending the template letter from the sticky thread.

From reading some of the guides it would seem to me that their claim falls outside of the 14 days from the event. Should I continue with the template letter but acknowledging the date I received the letter or should I simply state that they are out of time to pursue the amount?

Any guidance on the first communication I make would be appreciated.

Many thanks!

Redx

they can still pursue the amount but if out of time they cannot use POFA 2012

this could form an addition to the appeal but do not imply or name the driver

its an extra appeal point for POPLA , but you still have to go through the motions

Marktheshark

Whats the date on the postmark ?
To the bin sir !

davas100

There's no postmark sadly... Not like you get over the top of a stamp anyway.

I wonder where the burden of proof would lie on that point as they haven't sent it as recorded so they can't know when it was received.?

Redx

davas100 wrote: »

There's no postmark sadly... Not like you get over the top of a stamp anyway.

I wonder where the burden of proof would lie on that point as they haven't sent it as recorded so they can't know when it was received.?

its deemed received 2 days later if there is no postmark

davas100

Redx wrote: »

its deemed received 2 days later if there is no postmark

Well that's a massive scam isn't it... Just put whatever date you fancy on the letter and you're set! :mad:

Redx

it works both ways, you could say it arrived 3 months later

if you sent them a letter, they could say it never arrived or it took 3 weeks to arrive

but in legal terms a letter is deemed received 2 days after posting

you did ask, so I replied

neither you nor they use recorded delivery

in any case, you need to concentrate on the important things to do with your appeal, not this hypothetical stuff , either its postmarked or its not, if not its deemed delivered 2 days later , but you will win this on better legal arguments as long as you dont get bogged down with these dates

Castle

Date of receipt for POFA purposes is deemed to be 2 working days after the date of issue. This would mean 9th January 2015, which is day 16 after the parking "event" on 24th December. Therefore they are out of time.

davas100

Castle wrote: »

Date of receipt for POFA purposes is deemed to be 2 working days after the date of issue. This would mean 9th January 2015, which is day 16 after the parking "event" on 24th December. Therefore they are out of time.

That's good then. Another point of argument!

I will make reference to the dates in my initial complaint just so they are noted down.

Many thanks for all the help so far!

Umkomaas

davas100 wrote: »

That's good then. Another point of argument!

I will make reference to the dates in my initial complaint just so they are noted down.

Many thanks for all the help so far!

Yes, do that.

It puts the marker down early so that when you get to the POPLA stage it won't just look as you've suddenly plucked it out of thin air. 'Keeper liability' is the key point in PoFA 2012 Sched 4 - the LAW , and if the PPC fails to meet any of the PoFA requirements to invoke keeper liability - they FAIL!