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Sanka

Hello, I'm new here. Have read Newbie FAQs, thanks, but have a query:

Received through the post a first PCN £100 from OPS as the registered keeper of car. POFA referred to in letter

The firm who's car park it is are not responding to me. Signage attached. However the contravention period was for only 3min. 

Will start appeal with OPS, do blue text letter.

Also PCN letter was received 15 days after incident, probably affected by Royal Mail strike action  

18/8: Incident

26/8: ROYAL MAIL STRIKE  - this was date on PCN letter and same date stamped / franked on envelope.

27/8: Saturday

28/8: Sunday

29/8: Bank holiday

30/8 normal working day

31/8: ROYAL MAIL STRIKE

1:/9: Normal working day

2/9: PCN received

By my calcs, 15 days after incident. The letter was sent 2ND CLASS.

Do I have a chance of appealing under POFA with the above? How do I prove when letter received?

Any advice gratefully received.

Thanks.

Fruitcake

Forget the postal strike. The PoFA and the Interpretation Act are the only things relevant here. I hope you kept the envelope to prove the NTK was sent second class.
Do not go around telling anyone when the NTK actually arrived, only when it is deemed to have arrived. The important thing is the issue/posting date of the NTK.

Interpretation Act 1978
Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression ” give ” or ” send ” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

Practice Direction [1985] 1 All ER 889 states that, unless the contrary is proved, First class mail is deemed delivered on the second working day after posting, and Second class the fourth working day after posting. “Working Day” means Monday to Friday not including Bank Holidays.

KeithP

Sanka said:

PCN letter was received 15 days after incident, probably affected by Royal Mail strike action  

18/8: Incident

26/8: ROYAL MAIL STRIKE  - this was date on PCN letter and same date stamped / franked on envelope.

27/8: Saturday

28/8: Sunday

29/8: Bank holiday

30/8 normal working day

31/8: ROYAL MAIL STRIKE

1:/9: Normal working day

2/9: PCN received

By my calcs, 15 days after incident. The letter was sent 2ND CLASS.

Do I have a chance of appealing under POFA with the above? How do I prove when letter received?

Any advice gratefully received.

Thanks.

Hello and welcome.

Paragraph (9) (6) of Schedule 4 of The Protection of Freedoms Act 2012 states...

(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.

What is the Issue Date on the Notice to Keeper?

Unfortunately, there is no provision for delays caused by Royal Mail strike action, or indeed anything else that may cause a delay.

I guess 'the contrary can be proved' if one can prove that it was the lack of Royal Mail deliveries that caused the delay. Not sure how one would prove that though.

Coupon-mad

Attach proof that it was sent second class because that blows out of the water the 'two days deemed delivered' rule.

Which predatory cash-cow car park?

Sanka

Wowzers - thanks so much for your speedy responses!

Can I name and shame car park here - it's a local company, not a large national/ multi-national?! 

Thanks.

Sanka

NTK dated 26/8. Kept envelope showing 2nd class.

Coupon-mad

Sanka said:

Wowzers - thanks so much for your speedy responses!

Can I name and shame car park here - it's a local company, not a large national/ multi-national?! 

Thanks.

We know it's a local car park!  It's well known Sussex pariahs, OPS.  My area. Is it in Worthing? Brighton? Newhaven? The usual crap traps.

They don't have any national contracts (small wonder, given their ex-clamper mentality).

Sanka

Ah ok! 😆 Brighton. Carlton Terrace, Portslade.

Sanka

I meant the firm who's car park it is are a local company (accountants), rather than a company like Tesco, Aldi etc

KeithP

Sanka said:

I meant the firm who's car park it is are a local company (accountants)...

Carlton Haines Ltd? 

Coupon-mad

The vet's?

Oh the accountants.

Why did the driver park there?  The roads are all free round there and so is Aldi car park.

Immediate ticket with N/A on the PCN for an observation period?

I won a case at court about the crappy tiny signs at the vet's and the sign on the right is missing and has been for two years now.  A relative lives near you, so I know the place well. I always give the vet's spaces a look when I visit Portslade area so I know how bad the signs are there.

Not so familiar with the accountants as no-one needs to use (abuse?) their spaces and there is no point them having OPS there at all.  Every road is free parking.

The predatory ticketer used to sit in a car on double yellows opposite the vet's then he'd run out and take photos behind the driver's back, when people stopped there. Probably did the same re the accountant's.

Did my avatar not give you a clue I'm a Sussex girl?