Parkwithease - can i appeal/not pay?

dadoflots

Hi all, 

I received a parkwithease Parking Charge this morning, 19.12.22. The Charge Notice says the driver parked on 19.11.22, and the Parking Charge was Issues 30.11.22. I received the letter in the post, today, 19.12.22.

Whilst i accept no liability as the driver, the 14 day reduced period has already passed and their 14 days to notify the keeper has also passed. What I cant explain is why is has taken more than 2 weeks since the issue and arrival. The letter says it is deemed given to me on the second working day after sending, that would be 02.12.22, just inside the 14 days, but it didn't get here and i don't know how i would prove that.

If it helps, Royal Mail are saying this on their website today:

"Monday 19 December 2022

Due to the recent strike action by members of the Communication Workers Union, disruption to deliveries and our services is expected. Items posted in the run up, during and after strike days are likely to be subject to delay. We’re sorry for any inconvenience this will cause.

Changes to our Christmas last posting dates
We’ve brought forward our Christmas last posting dates to help manage the impact of planned strike action by the Communication Workers Union (CWU). We recommend you post as early as possible using the appropriate product to ensure your items reach their destination in time for Christmas. For more information about the last posting dates, click the link below."

UK Inland Services*
Date*	Destinations
Wednesday 7 December	Royal Mail Bulk Mail Economy
Monday 12 December	2nd Class, 2nd Class Signed For and Royal Mail 48®
Friday 16 December	1st Class, 1st Class Signed For, Royal Mail 24® and Royal Mail Tracked 48®
Monday 19 December	Royal Mail Tracked 24®
Wednesday 21 December	Special Delivery Guaranteed®

Any advice?

D_P_Dance

Of course you can, It's a scam.  Read the stickies,  watch YouTube, complain to your MP.  

Coupon-mad

Of course you don't pay.

Just read the NEWBIES thread which covers all your questions and includes a template appeal.

Umkomaas

The letter says it is deemed given to me on the second working day after sending, that would be 02.12.22, just inside the 14 days, but it didn't get here and i don't know how i would prove that.

You can't. The PO strike might be a cause, but it won't be good enough to put the PPC at a disadvantage in invoking keeper liability. 'Keeper liability' is only really helpful to you if you were provably not the driver, otherwise it's very weak loophole you're trying to get through. 

dadoflots

I havent accepted driver liability, I appealed this morning on the following basis:

• The notice to keeper is incorrect

The Notice to Keeper failed to meet the obligations of Schedule 4 of the POFA Act 2012. The Notice to Keeper arrived late (after 15 days following the alleged parking office). The notice to Keeper arrived with me on 19.12.22 which is 30 days after the alleged parking offence. Had you indeed sent the notice to keeper on 30.11.22, and deem that it would have been given to me by virtue on the second working day after sending, this would have been 02.12.22, which was not possible due to Royal Mail postal strike action on 01.12.22. Therefore, the earliest it could have arrived was 05.12.22, which is 16 days after the alleged parking offence. Either way, if you dispute when the Notice arrived with me, it is not possible that the notice to keeper could have arrived within the statutory timescale given your date.

Had this response from their appeals email:

"We have not claimed to and are not seeking to use POFA 2012 to pursue the matter, therefore we have no requirement to issue any letters within 14 days."

They have signposted me to the IAS.... am i screwed?

Grizebeck

No why would you be screwed
Why the wholly negative attitude

dadoflots

Grizebeck said:

No why would you be screwed
Why the wholly negative attitude

new territory for me and I can neither afford to pay not or any inflated costs at the end of a court process.... I have also got a Dart Charge PCN which i totally forgot about and it has come at a really bad time... i know it would have been easier to pay that one, but by the time i remembered, i paid, but was too late...so looking at £130 in parking charges when heating the house is a struggle.Kicking myself. 

Half_way

You are the registered keeper of a vehcile.

 that vehicle received a parking charge notice, if you can please answer the following:

Why did the vehicle receive a parking charge notice?

Who's car park was this?

Where was this car park?

Grizebeck

Dart charges and private parking charges are wholly unrelated and dont assume PWE will issue a court claim
Wholly winable on POFA alone IMHO if they did issue a court claim (again dont assume that you would lose any claim)

dadoflots

Half_way said:

You are the registered keeper of a vehcile.

 that vehicle received a parking charge notice, if you can please answer the following:

Why did the vehicle receive a parking charge notice?

Who's car park was this?

Where was this car park?

non payment of parking
Parking with ease ltd on behalf of Betteshanger Country Park
Betteshanger, nr Deal, East Kent.

Umkomaas

In regard to your Dart charge, get in touch with them as they have been helpful to those whose missed payment is a first time error.