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Parking charge notice received AFTER payment demand period

On 31st August, I received a letter from Britannia Parking (dated 24th) giving me my FINAL warning about a violation I'd made on the 31st July, telling me that I'd missed the period to pay it off at a discount but I still had some time to pay before it would be handed to a debt collection agency. I was confused as I hadn't received any other letter. Luckily I was still just within the period to make an appeal which I did and am still awaiting a response.

Then yesterday (10th September), I finally received my "first" notice about the violation.

I dispute the offence itself as it was the car park of a pub that I was drinking in and there were no notices that they enforce any requirement to pay/validate.

But in regards to the timeframe, if my appeal fails, what are my rights given that I received the notice so late and had no opportunity to pay it off early if I had wanted to? How do I prove that I've only just received the letter?

To summarise

"Offence" 31st July
Final reminder dated: 24th August received: 31st August
First notice dated: 6th August received: 10th September (14 days to pay discounted, 28 days to pay overall)

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 11 September 2021 at 11:20AM
    Has the driver been revealed to Britannia ? , Yes or no ?

    Did Britannia comply with POFA ? , Yes or no ?

    If the driver was revealed , your rights under POFA disappeared

    Read the newbies FAQ sticky thread near the top of the forum in announcements , it details your rights under different scenarios

    If the driver was revealed , then the late letter doesn't matter , it may do for a keeper citing POFA , but it is deemed to be delivered 2 days after the issue date , meaning 2 days after posting , so within POFA deadlines

    So the answers from us depends on your answers

    But plan A is your best option , it ALWAYS is , so get it done ASAP
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 11 September 2021 at 11:22AM
    Does the envelope give any clues about when it was posted or if they used a mail consolidator like The Delivery Group?  Smart Parking were caught out last year when their third party mailers missed sending out PCNs.

    Send an online complaint to the BPA about this and say MSE forum sent you (honestly) and state that it seems Britannia’s third party mail consolidator has sat on a batch of PCNs which were then posted AFTER the reminder and after the discount had gone.

    I hope you didn’t write your own appeal about what happened?  Came here first and used our template appeal and DIDN’T say who was driving, we hope?

    By the way you don’t PAY this, not even at the discount.  You get it cancelled by complaining to the landowner or retailers, who (unlike PPCs) care about you as a customer.


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    nohassles said:


    I dispute the offence itself as it was the car park of a pub that I was drinking in and there were no notices that they enforce any requirement to pay/validate.


    What did the pub manager say when you complained about his appointed contractor harassing his customer, did you also get photos proving the lack of signage?

  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have you read the newbies?  Have you cp,plained to your MP.  Have you written about this on the pub websire?
    You never know how far you can go until you go too far.
  • Thanks for the replies. I have a lot of acronyms to read up on before I can address a lot of the questions but unfortunately I did appeal in my own words and hadn't looked at this forum before writing an appeal :neutral:

  • Umkomaas
    Umkomaas Posts: 43,811 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    nohassles said:
    Thanks for the replies. I have a lot of acronyms to read up on before I can address a lot of the questions but unfortunately I did appeal in my own words and hadn't looked at this forum before writing an appeal :neutral:

    The NEWBIES FAQ Announcement, fifth post, has a list of the main acronyms used on this site. Either make a written note of them, or a screenshot for ease of reference as you go through the process. You'll soon have them tripping off your tongue. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Umkomaas said:
    nohassles said:
    Thanks for the replies. I have a lot of acronyms to read up on before I can address a lot of the questions but unfortunately I did appeal in my own words and hadn't looked at this forum before writing an appeal :neutral:

    The NEWBIES FAQ Announcement, fifth post, has a list of the main acronyms used on this site. Either make a written note of them, or a screenshot for ease of reference as you go through the process. You'll soon have them tripping off your tongue. 
    I was referring to that section when I said that, but thanks anyway :)
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Let us know how the landowner complaint and BPA complaint go.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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