Parking Penalty Charge - late NtK

Another_person142

So I received a NtK in July, over 3 months after the alleged contravention date in April. It was from Excel Parking (An IPC private parking company) and had ANPR evidence of a 14 minute stay in a small carpark. The driver was in the car the whole time and no physical notice was issued at the time of parking. I was out of the country when the July notice came through the post, which meant I missed the 14 day appeals window. I am the keeper of the vehicle.

I appealed anyway using the template provided on these forums, stating its notice to keeper did not comply with schedule 4 of POFA. They rejected the appeal on the basis of missing the appeals window. I have subsequently appealed to the IAS stating the same reasons for appeal. I realise now that I am unlikely to win the IAS appeal having read a bit more about it on these forums.

Today I received a "Demand for payment", stating an increased outstanding balance and that my account has been passed onto the debt management team for recovery of the outstanding charges. They also reference a court case and state the company "intends to take you to court in relation to this debt". 

I have several questions I have not been able to find out on this forum yet;

1. Does the fact the notice was very late to be issued remain valid given the fact I missed the internal appeals window?

2. Do I have a chance of winning the IAS appeal since the parking notice was issued >90 days after the contravention date, clearly >28 days limit as stated in POFA.

3. Although there is still 1 day left for the operator to submit their Prima Facie case, they have not done so yet; if they fail to do this is the parking charge automatically cancelled?

4. Does anyone have any experience with Excel Parking taking people to court over these charges?

Any help much appreciated! And apologies for the long post and if any of my questions seem silly! I have tried my best to read as much as I can on these forums before posting. 

Thanks

Coupon-mad

They rejected the appeal on the basis of missing the appeals window. I have subsequently appealed to the IAS stating the same reasons for appeal. I realise now that I am unlikely to win the IAS appeal having read a bit more about it on these forums.

Oh no, you haven’t paid £15 to the kangaroo court for that, have you?

Did you include evidence that you were not driving?

You have next to no chance at IAS and it doesn’t get automatically cancelled because it exists for the parking firms.  It’s not independent.  It’s self serving and only upheld 4% of appeals last year.

Yes, we have experience of Excel suing people and they usually lose against posters here.

KeithP

Assuming there was no windscreen ticket - you mention ANPR - then a Notice to keeper has to arrive at the RK's address within fourteen days of the alleged incident - the date of the parking incident being day zero - in order to stand any chance of being able to transfer the driver's liability to the keeper.

Another_person142

Thanks for your reply.

Haven't paid anything to IAS and according to their FAQ's I don't need to since I lodged the appeal within 21 days of being rejected from the operators internal appeals process. 

I stated that I was not driving but have not provided evidence to that effect. What would such evidence consist of?

And ok, in terms of the late issuing of the notice to keeper though, how strong is that as a case? Surely the fact it was issued so late completely invalidates the parking charge regardless of the original contravention?

Thanks

Coupon-mad

No it doesn’t void the PCN.  The NEWBIES thread explains that they don’t have to use the POFA.

Another_person142

So the original PCN is a notice to keeper and says that after a 28d period if they do not know the name of the driver and current address they may pursue me as the keeper on the assumption I was the driver. 

Does this mean they are assuming keeper liability?

They do not mention POFA so does this mean it doesn't apply in this case?

What are my next steps, I am very confused as to what to do next.

Coupon-mad

No they are unable to hold the keeper liable but are going to assume it was you.

You carry on replying and providing evidence for IAS as you never know, you might be one of the 4%.

I hate the phrase ‘what’s my next step’ because it sounds like people can’t walk...when this is actually not difficult.  All is explained in the NEWBIES thread.

Redx

A few observations

It's not a penalty notice , it's a parking charge notice , PCN , an invoice

Nothing makes an invoice invalid , validity does not apply , enforceability is what matters

POFA is not mandatory , Excel rarely if ever comply with POFA , they don't have to

They will ALWAYS assume that the keeper and driver are the same entity , until proven otherwise

They ALWAYS assume keeper liability

They will ALWAYS seek out driver details

When POFA is not being met , they have 6 months to obtain keeper details from the DVLA database and one month to get the PCN to the keeper by post

A non driving keeper does have the protection offered by POFA , regardless of timeframes , when a Claimant has not complied with POFA at all

Excel definitely sue people , plenty of examples on this forum and other forums over several years !!

D_P_Dance

Have you complained to your MP?