What's my best defence for this Parking Charge Notice?

BabyBungusCats

I have just been on holiday from 31st July to the 14th August.

I returned to a Parking Charge Notice.

It is from Gemini Parking. 

I definitely have a minor keying error defence - I transposed two characters from my registration when paying and I have the receipt for that. I entered AB12 CED instead of AB12 CDE. The receipt covers the entire time I was logged at the car park.

However I am also wondering if it is worth challenging the Date of issue of the notice. 

The date of the parking 'offence' was 12th July. They claim they issued the notice on the 24th of July but I had not received it by the morning of the 31st July. 

Am I better off disputing the issue date because even with second class post taking three days it should have arrived by the 28th of July, or just writing back with the statement that this is a minor keying error and should have been screened for that before issue and therefore can't apply?

Coupon-mad

No, with first class post it was deemed delivered on Monday 28th according to the applicable law (POFA).

Monday 28th is too late for keeper liability (so yes it is a valid appeal point) but did they use the POFA in their Notice? Compare it to my NTK pictures thread (please don't ask us to check it!).

BabyBungusCats

Coupon-mad said:

No, with first class post it was deemed delivered on Monday 28th according to the applicable law (POFA).

Monday 28th is too late for keeper liability (so yes it is a valid appeal point) but did they use the POFA in their Notice? Compare it to my NTK pictures thread (please don't ask us to check it!).

Thank you. I have checked the wording in detail, and all of the text that is not specific to the alleged offence is exactly the same as that on the thread https://forums.moneysavingexpert.com/discussion/6536232/five-gemini-pcn-in-a-row-at-television-centre/p1

However if I am to believe their date of issue, then I think I am outside of the 21 days to appeal.

Coupon-mad

Pretty sure there are 28 days to appeal as per the Joint Code of Practice.

Wait - you told us:

"They claim they issued the notice on the 24th of July"

Nope. It's dated Weds 23rd which scuppers the POFA argument on dates.

HOWEVER the wording is clearly not para 9 POFA compliant at all. No keeper liability

BabyBungusCats

Coupon-mad said:

Pretty sure there are 28 days to appeal as per the Joint Code of Practice.

Wait - you told us:

"They claim they issued the notice on the 24th of July"

Nope. It's dated Weds 23rd which scuppers the POFA argument on dates.

HOWEVER the wording is clearly not para 9 POFA compliant at all. No keeper liability

Thanks! I appreciate the advice. 

Can I include the fact that there was paid for parking that I was able to locate using a simple minor keying error without admitting liability too?

Coupon-mad

Well you won't be saying 'there was paid for parking that I was able to locate' because that tells them who was driving!

Umkomaas

Read para F1(h) of the Joint Code of Practice, then construct your appeal around that - without identifying the driver. Gemini are required to cancel the PCN. 

https://www.britishparking.co.uk/write/Documents/AOS/NEW%20Redesigned%20Documents/sectorsingleCodeofPractice.pdf

BabyBungusCats

Coupon-mad said:

Well you won't be saying 'there was paid for parking that I was able to locate' because that tells them who was driving!

I respectfully disagree - I could have asked the driver if they had paid and they showed me the receipt. It doesn't admit that it was me!

Coupon-mad

I know, but be careful...