NTK issued outside 14 days

Redx

Witchiepoo wrote: »

must be an ANPR ticket I think we went to the site to visit a market, didn't have change for the parking so figured we'd get the ticket on the way out as last time we visited they just had a barrier to put your ticket in to leave so we thought we wouldn't forget as we couldn't leave without it lol. We forgot & they clearly have removed the barrier. It's a £1.00 charge & there was only about 10 cars in the huge car park so there loss was exactly £1.00 which I'm happy to pay but the letter is demanding £50 reduced to £25 if I pay within 14 days.

they may have taken pics of the cars on site and VRN details

then checked if you had complied with the t & c `s on their website

The easy-to-navigate system allows users to pay for the amount of time they park, in 20 minute intervals, and up to 48 hours after they leave the car park either online, using a mobile or by cash or credit card.


There is also the opportunity to register with Park with Ease and be invoiced after using a car park - simply drive in, park, leave and pay later.


FAQ,s are here


http://www.parkwithease.co.uk/faqs.aspx

bluetoffee1878

So if my maths are correct the NTK arrived on day 50.

Possibly an NTD was issued but either not seen, fell off or was removed by an unauthorised person. So potentially POFA has not been breached.

OP is there a possibility of complaining to the site owners or retail outlet that you were a customer of and try to get them to instruct the PPC to cancel. Do you have receipts or bank statements to show you were a customer?

Coupon-mad

Is it not worth appealing under unfair charges as legitimately their only loss was £1.00 I forgot to put in the machine.

Yes but you'd be unlikely to be re-offered £25 again by this nasty bunch. And the above appeal will lose.

peterjohn10

can anyone help regarding this query on the 14 days for NTK? Is it worth pursuing and if so how?


I received a Parking Charge Notice for an alleged infringement on 5 October. The "issue date" on the notice is 20 October.



According to the Protection of Freedom Act, the NTK must be "given" within 14 days of the day after the period of parking ended (schedule 4, para 9(4)).


A notice by post is presumed to have been delivered ("given") on the 2nd working day after postage (schedule 4, para 9(6)).





According to POFA, the notice would be presumed to be delivered on 22nd October, i.e. 2nd working day after posting, i.e. 16 days not 14 days.

The notice could not have been delivered/given by the 20th (i.e. 14 days after the next day = 6 October), since it wasn't "issued" until the 20th.


I missed the appeal but have not received a notification of county court action (just some snotty letters). What next?

Redx

what next ?

please start your own thread using the NEW THREAD button, not hijack somebody elses thread, thank you (also add the name of the PPC and the debt collectors; and which "country" it is in)

then please read the NEWBIES sticky thread a few times too

pappa_golf

peterjohn10 wrote: »

can anyone help regarding this query on the 14 days for NTK? Is it worth pursuing and if so how?


I received a Parking Charge Notice for an alleged infringement on 5 October. The "issue date" on the notice is 20 October.



According to the Protection of Freedom Act, the NTK must be "given" within 14 days of the day after the period of parking ended (schedule 4, para 9(4)).


A notice by post is presumed to have been delivered ("given") on the 2nd working day after postage (schedule 4, para 9(6)).





According to POFA, the notice would be presumed to be delivered on 22nd October, i.e. 2nd working day after posting, i.e. 16 days not 14 days.

The notice could not have been delivered/given by the 20th (i.e. 14 days after the next day = 6 October), since it wasn't "issued" until the 20th.


I missed the appeal but have not received a notification of county court action (just some snotty letters). What next?

you go and read 2 threads


1st: https://forums.moneysavingexpert.com/discussion/4816822


2nd: https://forums.moneysavingexpert.com/discussion/5035663


after that you return , start a new thread and name the PPC and the debt collectors and someone might be able to assist you

Witchiepoo

Reading the response that the other member received from Parking With Ease on the thread that Coupon Mad posted above, they state in their reply that the charge is not an estimate of losses but is part of the contract that the driver agreed to on using the car park. Just out of curiosity why is it different for Parking with Ease when the law states that it should be an estimate of losses? Is it because they put on the sign charges could be up to £50? Just curious.

I've just found this too - Citizen's Advice state: If your car is captured on CCTV, the parking company must by law get a parking ticket to you within 14 days, starting from the day after the parking incident took place. If you know you got the ticket later than this, you may be able to challenge the ticket for this reason.

The parking company must also make it clear that CCTV is being used, under the CCTV code of practice issued by the Information Commissioner’s Office.

If you get the ticket later than you should do, you can complain to the DVLA, then the Information Commissioner because your information was released to the parking company unlawfully.



The Notice to keeper I have received states - Date of Issue:Mon 25 January 2016 which is about 6 weeks after the parking date and from reading articles elsewhere on the net it seems normal procedure for them to send these out late, so how are they squirming out of it by saying that a 'notice to keeper' is not asking the keeper for payment?

Redx

Witchiepoo wrote: »

Reading the response that the other member received from Parking With Ease on the thread that Coupon Mad posted above, they state in their reply that the charge is not an estimate of losses but is part of the contract that the driver agreed to on using the car park. Just out of curiosity why is it different for Parking with Ease when the law states that it should be an estimate of losses? Is it because they put on the sign charges could be up to £50? Just curious.

its an unregulated industry, so please tell us which law actually says this ? name of the law and the Month and Year it came into force

Guys_Dad

Witchiepoo wrote: »

Just out of curiosity why is it different for Parking with Ease when the law states that it should be an estimate of losses? Is it because they put on the sign charges could be up to £50? Just curious.

Where does "the law" state that? What law?

pappa_golf

Witchiepoo wrote: »

Reading the response that the other member received from Parking With Ease on the thread that Coupon Mad posted above, they state in their reply that the charge is not an estimate of losses but is part of the contract that the driver agreed to on using the car park. Just out of curiosity why is it different for Parking with Ease when the law states that it should be an estimate of losses? Is it because they put on the sign charges could be up to £50? Just curious.

is your case with the same company ? , is your company a member of the same trade assoc? , is your case identical on type of car park?


if so stay and continue reading this thread , if not http://forums.moneysavingexpert.com/showpost.php?p=70011719&postcount=17