Parking Charge Notice Recieved After 14 days

Wanderingbear

Hi a family member received a parking charge notice for alleged incident which took place on Wed 21st Aug. The PCN was issued on Mon 9th Sept and was delivered by post to home address of keeper on Thursday 12th Sept. By reading earlier posts on 14day rule my reckoning says even if we use 2 day delivery calc after issue date they were still over the 14days - would the keeper be right to appeal on the fact they are over the specified timescale? 

KeithP

The DVLA allows parking companies six months after a parking event to retrieve keeper's details from them. The parking company's trade association allows their member another month to get a Notice to Keeper to the keeper.

Which parking company?

Wanderingbear

@KeithP
UK Parking Patrol Office is the company.

So this was a PCN sent in post from cctv footage not issued on the day to driver, why would the 14day rule not apply in this case? 

KeithP

The '14 day rule' does not simply mean that a PCN becomes invalid if is is delivered after that time.

A Notice to Keeper that is delivered to the keeper after that fourteen day limit is still a valid Notice to Keeper. It's just incapable of transferring any driver's liability to the keeper.

It follows from that, that if the parking company doesn't know who was driving in that situation, then their case is doomed to fail.

Coupon-mad

This is all already explained in the NEWBIES FAQS thread. Obviously you don't pay.

Wanderingbear

Any further advise available pls? 

RK appealed to UKPPO with the following- 
Dear UK Parking Patrol Office I, the registered keeper of the above vehicle, am in receipt of the above charge notice. The alleged debt is denied, and I decline any invitation to identify the driver. In order to pass liability to me the vehicle keeper, you must adhere strictly to the requirements of the Protection of Freedoms Act 2012, schedule 4, Paragraph 9. This you have not done, in particular the part which states that you must serve a compliant notice within 14 calendar days of the parking event. For your reference notices must: "(2)(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;" Your notice does not contain this statutory text, only a vague warning that the sum may be recovered from the driver.
Furthermore, the notice is dated 9th September which means it was not deemed delivered until the 11th Sept, which is the 21st day following the parking event and therefore out of time. You have failed to specify a period of parking. It is not in your gift to substitute an issue time for the statutory requirement of a period of parking. Dropping off/Picking Up does not constitute parking and without a period of parking, access to DVLA database for keeper information is outside of the specific terms for data release. For this, a complaint will be made to DVLA for breach of Data Protection Act (2018). Finally, it is my understanding that this location is airport land and consequently not "relevant land" for the purposes of the POFA. As you have not complied with the above conditions, I therefore invite you to cancel the PCN.

Appeal was rejected with the following response, which basically ignored all points made regarding out of time for issue and although PCN had been issued for dropping/picking up in restricted area made a number of points in regards to the car being 'parked'.

Dear Sir/Madam, 

Thank you for your letter of appeal against the Parking Charge Notice issued by us on 09/09/2024. Having carefully considered the evidence provided by you we have decided to reject your appeal for the following reasons:     

The vehicle was parked on private land that is well signed with contractual notices stating: Parking is only permitted for customers of the filling station whilst remaining on site. The signage also advises of the time limit in place and that no dropping off/picking up is permitted. These notices clearly state that enforcement is carried out on a 24-hr basis. As CCTV captured your vehicle picking up/dropping off within the area the charge was correctly issued.

Please be advised that if you were unsure about the restrictions in place, our contact details are displayed on the signage. You could have used these to contact our offices for advice.        

In summation, it is the driver’s responsibility to ensure that they comply with the terms of the contract entered into when parking on private land. If they fail to do so they agree to pay the parking charge in accordance with the terms of the contract.      

You have now reached the end of our internal appeals procedure and have a number of options. 

Could anyone provide any further information we could use in regards to the out of time issue of the charge, point me to some specific threads in regards to the airport bylaws specifically Newcastle airport (on reviewing these the current version does not appear to state anywhere that they authorise the parking company to issue these charges, although I did find a thread which stated this was the case in the previous version of the bylaws dated 2019. We would like to challenge that they had no right to access DVLA records due to the fact there was no parking of the vehicle and a stop of approx 40secs does not constitute parking. Any help would be greatly appreciated. 

Gr1pr

Any challenge is now reserved for any future court claim, a rejection was expected and there is nothing further to deal with until a possible future Letter of Claim, followed by a possible court claim pack from the CNBC in Northampton using MCOL to arrive in the post, within the next 6 years 

Ignore the debt collectors letters in the meantime 

Coupon-mad

Please just follow what the NEWBIES thread already tells you. Don't show us the £170 threatograms please.

Wanderingbear

Update IAS appeal submitted and Operator has returned prima facie.  They have confirmed in this it was issued under POFA, does that put our point that it was issued outside of 14 day timescale in better position for IAS to uphold our appeal? Also they have changed there reasons/points for for issue from 1st appeal rejection where they stated the car was "parked"and breach terms of the car park to now given evidence on the dropping/picking up in restricted area and that they have authorisation to do so from the airport...although the byelaws don't make refer to this being enforced. 
Surely all this chopping and changing makes a better argument...any thoughts on anything to include on return evidence that can support this? 

KeithP

UKPPO state:
As picking up/ dropping off occurred during the appellant's visit the parking charge notice was issued correctly. If this was not the case the CCTV operator within the filling station would not have processed the contravention.

They seem to be saying that there is no possible way that 'the CCTV operator within the filling station' could've made any mistake.

Or perhaps 'the CCTV operator within the filling station' was incentivised in some way.

Coupon-mad

"No pick up or drop offs allowed" is a prohibition, not a contractual offer.