Parking Charge Notice NTK Dated within time but received late

loggo

Hi I have received on 6/9/2019 a NTK with an issue date of 29/8/2019 and a contravention date of 18/08/2019.
How do I prove that the date of receipt is out of time in accordance with POFA2012?
I do have witnesses to the receipt date.

Umkomaas

loggo wrote: »

Hi I have received on 6/9/2019 a NTK with an issue date of 29/8/2019 and a contravention date of 18/08/2019.
How do I prove that the date of receipt is out of time in accordance with POFA2012?
I do have witnesses to the receipt date.

You won't need to. Their date of issue means that you couldn't have received this until (at least) 02/09/19 - Day 16 after the date of the parking event.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

Further advice in this context will depend on which parking company is pursuing you.

loggo

Umkomaas
Thanks for the reply.
I don't think the time starts running until the day after the contravention date:
"(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."

So by my calculations 2/9/2019 is the 14th Day.
The company in question is VCS.

Castle

loggo wrote: »

Umkomaas
Thanks for the reply.
I don't think the time starts running until the day after the contravention date:
"(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."

So by my calculations 2/9/2019 is the 14th Day.
The company in question is VCS.

Monday 2nd September would have been day 15; with day 1 being 19th August.

nigelbb

Day of "crime" is Day 0 so the day after is Day 1. Alleged day of issue was Day 11 which was a Thursday & as delivery is deemed to be the second working day after the day on which it is posted that would be the following Monday which was Day 15 & thus too late. It's unlikely it was actually posted on the alleged day of issue anyway if it wasn't received until Day 19.

Umkomaas

VCS won't roll over on this and there's no sensible appeal route for an IPC operator where (unlike some of the time with POPLA) the charge would be cancelled on the basis of not meeting PoFA requirements to hold the keeper liable.

So might have to save that argument for a Judge at any court hearing. But you're going to have to get a better understanding of how dates are calculated if you're going to be able to deliver a persuasive argument.

What exactly does the NtK say about VCS using PoFA keeper liability? Verbatim please, not paraphrasing.

loggo

Cant see direct reference to POFA

Is it implied?

I am trying to post an image for you but not having much success.

Please bear with me

Fruitcake

loggo wrote: »

Cant see direct reference to POFA

Is it implied?

I am trying to post an image for you but not having much success.

Please bear with me

The scammers don't have to use the PoFA, but they can't transfer liability to the keeper without complying with it.

To post an image, upload it to a web hosting site such as postimages or tinypic etcetera, then paste the URL here but change https to hxxps.
Someone here will then change it back to a live link.
Make sure you redact all personal information.

However, from the dates you have given, the NTK fails the requirements of the PoFA so liability cannot be transferred.
The PoFA and the Interpretation at both state that an item posted is assumed to have been delivered two working days after posting.
It cannot possibly have been posted before the issue date therefore cannot have been received before day 15, therefore fails the strict requirements of the PoFA, therefore the keeper cannot be held liable.

So, send the appeal template in blue from the NEWBIES then state the above without revealing the driver's identity.

loggo

[IMG]hxxps://imgur.com/y1oH5mP[/IMG]

loggo

Fruitcake
Thanks for your reply
I hope the last post referring to the image can be interpreted.

Umkomaas

https://imgur.com/y1oH5mP

How about the much more important first page of the NtK?