Bank Park Parking Management - Parking Fine on 30 mins free parking without ticket

sito777

Hi all, I've read the newbies thread and would like to gain some clarity on how to best appeal a parking charge notice.

My partner received a NTK from Bank Park for Failure to claim free parking session. He had parked in their car park on 22May and there is signage but he didn’t see it and there's none at the entrance - I've attached a picture. The signage says that there is 30 minutes free parking with a ticket. We were parked less than 30 minutes but he didn’t get a ticket as he didn’t notice the signs.
In the Newbie thread it says: 
If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to!) the a postal PCN must arrive by day 14 if there was no windscreen ticket.

We didn’t receive a windscreen ticket but the NTK says it was sent on 30May though we only received it on 08Jun which is after the 14 days required for POFA. Does this count as a reason to not pay?

I’m intending to send the kindly provided template as per below but wanted to check what the best way to argue is as technically we were in the wrong but I'd like not to pay £60 or £100 for a free parking session. I can’t prove the notice only arrived on 08Jun but I guess neither can they that it arrived before? Additionally, there was no loss of revenue as we were within the free parking limit. Or should I not argue anything at this stage and only send the below wording?
I’m attaching a picture of the sign and first page of the notice for reference. I’m hoping we don’t have to pay for something that is usually free. Thank you for any help you can provide!

Re PCN number: XXXXX

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence. (They have sent images of my partner's vehicle and REG on the NTK and are pretty clear on the information -should this be excluded?)

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,

XXXXXX > We'll enter my partner's full name and current add here

Coupon-mad

Depends what the back of the PCN says.

'Failure to claim free parking session'.  That is just appalling sharp practice.

sito777

Remaining two pages attached

Coupon-mad

OK, so it is saying they can hold the keeper liable and unless the envelope shows the date posted or that it went second class, you can't prove when it was delivered.  Also they are IPC so any appeal is a farce of a kangaroo court (allegedly).

sito777

Indeed, i can’t. So what’s my best course of action? Try to argue that it was received after 14 days regardless, and/or it’s a free session and therefore no loss of revenue? Or do I not argue anything and just go with the proposed wording above?

Coupon-mad

Not sure why you are wondering how to appeal.  The NEWBIES thread tells you about the farce operated by the IAS and not to use it. And what happens next (post #4, tedious begging letters).

And how to defend in court (post #2) if that ever happens. This is nothing new; all stages are fully covered in our resource thread for NEWBIES.

sito777

I’m referring to the thread and it says this: Postal PCN from a BPA or IPC member ? (i.e. with no mention of any windscreen ticket):

A postal PCN or NTK might be headed up 'Reminder' or 'Charge Notice' or it may even be a letter from a debt collector - it is your Notice to Keeper, in effect, if it's the first letter to arrive. No need to wait, appeal online as registered keeper

So I’m asking how to word that appeal as per my above TJ read and comments?

sito777

I also just checked the envelope and it was posted by second class

Coupon-mad

Does it say what date?

sito777

No but, if it’s 2nd class then it’s 2-3 business days and the NTK said posted on 30May so if it was 3 business days it would’ve arrived on 06Jun earliest which is more than 14 days after 22May. Should I put this in my email?

Coupon-mad

Yes.  But don't say second class takes 2-3 days.

Say it takes longer than the '2 working days' that POFA sets out, which is based upon cases where first class post is used.  Their choice to use second class post means that the very earliest it could have been deemed delivered was Monday 6th June.  All too late for keeper liability, due to the 4 day bank holiday weekend and the unacceptable use of second class post, plus the fact the PCN is highly unlikely to have been actually posted on the date stated and instead was passed to a mail consolidator, who must have sent it several days later, 2nd class.  This is evidenced by the fact is actually arrived on Wednesday 8th June.