Parking Charge Notice to Keeper - 14 day rule

loucat99

Firstly, I'm sorry if this is an obvious question, I've read through the NEWBIES section and have to confess I feel quite baffled. Hopefully it's an easy one to answer!

I have received a "Parking Charge Notice to Keeper" from NCP about an incident that took place on 28/05/2021. The letter was posted on 10/06/2021. The letter states "This notice is deemed to have been given to you on the second working day after the date of sending above", which I think would then be 14/06/2021. This would mean I received the notice after 14 days- is this correct? Can I appeal on this basis? TIA

Umkomaas

I agree your dates conclusion. 

Just use the blue text appeal from the NEWBIES FAQ sticky, first post, and add a sentence or two at the end that as they've failed to comply with PoFA (explain why) they are unable to hold you, the registered keeper, liable. You expect them to cancel the charge immediately. Should they fail to do so and they continue to pursue you as the RK, you will immediately complain to the DVLA and the BPA that NCP are misrepresenting the law to coerce you into paying them money for which you have no liability. This may result in you issuing a claim against NCP through the county court. 

See where that goes. 

Jenni_D

Appeal using the blue text template from the NEWBIES thread.

It's easy to calculate days:
0 = 28/5 Day of Event
1 = 29/5
2 = 30/5
3 = 31/5
4 = 1/6
5 = 2/6
6 = 3/6
7 = 4/6
8 = 5/6
9 = 6/6
10 = 7/6
11 = 8/6
12 = 9/6
13 = 10/6
14 = 11/6

A letter posted 1st class (was it?) is deemed "served" 2 working days later. (A working day for post includes a Saturday). If it was posted on the 10th (day 13 - Thursday) then it is assumed to have arrived on the 12th (day 15 - Saturday) ... did it? If not, when did it arrive?
And how do you know it was posted on the 10th?

You could add a point to the template that the NtK arrived out of time (day 15) to rely on keeper liability per POFA2012 schedule 4 ... if the calculations are indeed correct.

Redx

I would do the above , blue text template plus the extra POFA sentence , as keeper

That crucial weekend messed up their planning , so use it against them , no keeper liability so they can go swivel. 😄😄👍👍

KeithP

Jenni_D said:

A letter posted 1st class (was it?) is deemed "served" 2 working days later. (A working day for post includes a Saturday). If it was posted on the 10th (day 13 - Thursday) then it is assumed to have arrived on the 12th (day 15 - Saturday) ...

It might be reasonable to assume that Saturdays are considered working days for postal services, but that is at odds with POFA.

POFA Sch4 9(6) says...

(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.

Jenni_D

In which case that helps the OP further? (i.e. the 14 days is calendar days, so posting on the 13th day meant it could never arrive in time, and the "deemed served" date would be Monday 14th, day 17).

KeithP

Jenni_D said:

In which case that helps the OP further? (i.e. the 14 days is calendar days, so posting on the 13th day meant it could never arrive in time, and the "deemed served" date would be Monday 14th, day 17).

I agree. 

AhaliaGal28

I thought it was 14 days after the event happened ? I might be wrong though as I got this from CAB
"Check if the notice says ‘Protection of Freedoms Act’. If it does, the parking company usually has to post a notice to you within a certain time - or to the car’s registered owner if that’s not you.

The deadline depends on whether the parking company gave you a notice at the time you parked - this includes leaving it on your car.

If you didn’t get a notice at the time you parked, you must receive a notice within 14 days of when you parked.

If you got a notice at the time you parked and you replied to it, the parking company doesn’t have to send another notice. If you didn’t reply to it, you must receive another notice within 56 days of when you parked.

If you didn’t receive the notice in time, tell the parking company you don’t have to pay the charge.

If the notice doesn’t say ‘Protection of Freedoms Act’, there’s no time limit to send it. If it’s delivered more than 7 months after you parked, you can argue it’s unfair to make you pay."

KeithP

Pam56 said:

If you didn’t get a notice at the time you parked, you must receive a notice within 14 days of when you parked.

That's not quite right. See my earlier post.

Anyway, it is quite likely that after eighteen months @loucat99 has lost interest in this.

Fruitcake

Pam56, whilst the CAB are good at some things, in England and Wales they are clueless about the unregulated parking industry, and clueless about the PoFA.

Much of what you have posted in your thread is incorrect; so much so that is better to ignore what they have said and read the NEWBIES in conjunction with the PoFA to learn what is actually correct.

Coupon-mad

Pam56 said:

I thought it was 14 days after the event happened ? I might be wrong though as I got this from CAB
"Check if the notice says ‘Protection of Freedoms Act’. If it does, the parking company usually has to post a notice to you within a certain time - or to the car’s registered owner if that’s not you.

The deadline depends on whether the parking company gave you a notice at the time you parked - this includes leaving it on your car.

If you didn’t get a notice at the time you parked, you must receive a notice within 14 days of when you parked.

If you got a notice at the time you parked and you replied to it, the parking company doesn’t have to send another notice. If you didn’t reply to it, you must receive another notice within 56 days of when you parked.

If you didn’t receive the notice in time, tell the parking company you don’t have to pay the charge.

If the notice doesn’t say ‘Protection of Freedoms Act’, there’s no time limit to send it. If it’s delivered more than 7 months after you parked, you can argue it’s unfair to make you pay."

Already explained in the NEWBIES thread.

Never ever ask the CAB anything about private parking charges.  They are utterly useless.