Back once again with a renegade parking ticket

34LH89

Hi all

I have another ECP ticket - great fun. I'm a magnet for tickets!

It's at POPLA appeal stage and I'm fairly confident it's a slam dunk, but, I wanted to check I had understood correctly.

The alleged incident happened on the 28th October, but the NTK didn't arrive until the 15th November (confirmed by Ring doorbell footage). I think that makes it out of time under PoFA and they're unable to now confirm who was the driver and therefore transfer liability, but wanted to triple check to make sure I've not missed something and will make myself look silly.

DE_612183

I think the date of delivery is "assumed" to be x days after posting - not sure actual proof of late delivery over-rides this point - bizarre but there you go - what is the date on the letter?

James_Poisson

Delivery date is assumed to be two days after posting, or in their case two days after the date of raising the letter (yes I know).

A ring door bell footage will not show the details of the letter, so the date it was raised is the one they will be judged by.

34LH89

that's interesting - the PoFA 2012 seems to conflict with that, as it says:

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

34LH89

Also, the postman holds the letter in his hand, and while it doesn't say ECP on it, you can clearly see there's a QR code identical to that on the letter.

Coupon-mad

34LH89 said:

Also, the postman holds the letter in his hand, and while it doesn't say ECP on it, you can clearly see there's a QR code identical to that on the letter.

Very good evidence! Unusual.

34LH89

So their appeal is in. Interestingly, they haven't contested that it arrived on day 15, and ignored the 14 day period in PoFA, they've simply said there are 28 days (which isn't true, as far as I can tell) for it to arrive.

Also bizarrely, they've included a Memorandum of Understanding between the BVRLA and BPA from 2016, which doesn't bear any relevance.

Will update in due course.

Coupon-mad

Have you added comments to point out that they didn't respond to your evidence that the PCN arrived far too late, therefore your evidence stands and (due to the operator's failure to address the point that this is a non-POFA PCN due to the proven date delivered) POPLA must uphold the appeal in your favour.

34LH89

Great point, I didn't, but it was implied by their rejection of my appeal where it wasn't mentioned, and they haven't objected to the evidence at POPLA either.

Coupon-mad

But presumably you are in the Comments window now? You must use the opportunity.

34LH89

I thought this would be a good test case for letters arriving late, however it seems either I'm in the wrong in my understanding, or they've misunderstood PoFA at POPLA.

This is the key part relating to that point they have come back with:

The Protection of Freedoms Act (PoFA) 2012 is a law that allows parking operators to transfer the liability to the registered keeper in the event that the driver or hirer is not identified. Parking operators have to follow certain rules including warning the registered keeper that they will be liable if the parking operator is not provided with the name and address of the driver. In this case, the PCN in question has the necessary information and the parking operator has therefore successfully transferred the liability onto the registered keeper. They must also follow certain rules including issuing a PCN to be received within the required timescale. Section 9 states the PCN must be issued within 14 days. In this case I can see that PCN was issued within the relevant period as it was posted on the 04 November 2025, the contravention took place on the 28 October 2025

Whereas PoFA wording says it must be delivered within 14 days

The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

Thoughts on this?