EV Charging Space Overstay PCN - PE Posted on 14th Day

Fragrantparrot

Hello all,

My other half received a NTK from Parking Eye for parking in a hospital car park that her car was parked in. There was no other choice to park in an EV charging bay, in an EV, and the charger didn't work. The car was there for ~4 hours which is above their 3 hour limit allegedly on signage (will check this for evidence soon). We have begun a complaint to the hospital to try and get it cancelled that way, but I believe it may have violated POFA 2012 and need some advise to whether I'm missing anything. Here is a summary of dates:

Parked on: 23/04

PCN issued: 29/04

Date on PCN (posted?): 08/05

If I'm correct this means they posted the letter on the 14th day according to the definition in POFA Schedule 4 Paragraph 9, therefore delivery was well past the 14th day from the 'relevant period'. I'm also puzzled by the POFA/Non-POFA letters, this one has no mention at all of POFA so I'm unsure how it applies to this application. It's worth noting there was also no windscreen ticket so the letter was the first we heard of it.

Here are also the letters front and reverse for info.

Front.png

Back.png

Any help with this is much appreciated. Thanks!

Gr1pr

If the pcn was issued 5 days after the incident date, well within POFA2012, why do you say that the posting date was 8th May, too late for Pofa2012 compliance. ? Is it because 3 dates are on the pcn. ?

The Pofa2012 warning on the back seems to be missing, how strange !

Looks like there is no keeper liability

Fragrantparrot

https://forums.moneysavingexpert.com/discussion/comment/82003386#Comment_82003386

Yes the issue date is well within, but the 'Date' on the letter itself is 08/05/2026 so leads me to assume this is the date the letter was actually created. It didn't then arrived until the 15th so no chance to even consider the discounted price as it was already well past the 14 day cutoff for it to be £60.

Based on this it seems I'd agree with no keeper liability, it seems very unlikely Royal Mail would have taken a whole 16 days to deliver it, although the 7 days from the 8th May until the 15th is also a lot. I would guess that it wasn't posted on the 8th and only made it into the post on the following Monday.

My main doubt however is that POFA applies to an overstay such as this, since technically there was no charge to be paid in the first place, any ideas?

Gr1pr

If the pcn fails to comply with Pofa2012, then the keeper has no liability, so any appeal to Parking Eye would use that type of template, regardless of anything else

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82003406#Comment_82003406

Nope.

The OP has shown us the Reminder, which is irrelevant and never references POFA.

Fragrantparrot

https://forums.moneysavingexpert.com/discussion/comment/82003926#Comment_82003926

Thanks for the info, we haven't had any communication before this point. Does this act as NTK? Does POFA still apply and therefore the letter was too late for keeper liability?

Gr1pr

Bearing in mind what coupon mad suggested above, if its not the NTK and only the later reminder , then the original but missing pcn probably did comply with Pofa2012, as far as Parking Eye are concerned

I missed the top of the letter when reading it on my device, looking back today it definitely says Reminder

Coupon-mad

The reminder doesn't act as the NTK and the first letter was almost certainly POFA compliant. PEye will have got that right.