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ANPR ticket off HX car park management Ltd, is the timing wrong
silvervec
post Tue, 5 Jun 2018 - 17:35
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Hi, Thanks for accepting me to the forum.
A parking charge notice was received today by the driver of a vehicle (5-6-18) for an alleged offence that occurred on 20-5-18, the driver parked and paid on Damside car park Lancaster (and he still has the ticket) from 18.42 to 20.42, the ANPR has him leaving at 20.56. The notice from HX Car Park Management is dated 23-5-18 and in the letter content it states " This charge relates to the period of parking stated above" Period of parking 18.41 to 20.56. He was obviously 14 mins over the time on his ticket, but in mitigation he wasn't parked for the extra minutes he was queuing up to get off the car park for 20 mins due to traffic on the main road (there's only one way to get on and off the car park). he can't prove it, but the ticket proves that he had paid for all but 14 mins of the total period, had the exit been clear of cars trying to get off the car park he would have left 6 mins earlier than the expiry time on his ticket. The time limit for the discount charge is 8-6-18 as the notice took that long to arrive.
Any tips on what he should do please.
Thanks

This post has been edited by silvervec: Tue, 5 Jun 2018 - 17:54
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post Tue, 5 Jun 2018 - 17:35
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Redivi
post Tue, 5 Jun 2018 - 17:41
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Rewrite your post in the format the driver parked and paid etc

HX hasn't met the deadline set by the Protection of Freedoms Act to recover payment from the registered keeper if it doesn't know who was driving
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silvervec
post Tue, 5 Jun 2018 - 17:57
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Edited, thanks Redivi. The driver thought it was 14 days they had. The alleged offence was on 20-5-18, the notice is dated 23-5-18 and the driver received it on 5-6-18 so is it the date of the offence he should be looking at and not the postal date? The driver was under the impression (wrongly it seems?) that the letter is presumed to be delivered 2 working days after posting date unless it can be proven otherwise. offence date 20-5-18, posting date 23-5-18, received by keeper 5-6-18.
Thanks

This post has been edited by silvervec: Tue, 5 Jun 2018 - 19:06
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ostell
post Tue, 5 Jun 2018 - 20:40
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A parking charge notice was received by the registered keeper
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nosferatu1001
post Wed, 6 Jun 2018 - 06:53
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It can beproven otherwise, by the Keepers evidence that it was delivered on the date listed.

It wasnt an offence, they have never alleged that it was an offence. If they have done then complain to trading standards.
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silvervec
post Sun, 17 Jun 2018 - 20:34
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Ok, so the keepers appeal to HX was refused (on the grounds that the first letter arrived to late to the keeper to notify the driver) and gave the keeper (driver not disclosed) 2 options.
1. pay the parking charge of £60 by 26-6-18 or after that date but by 10-7-18 £100.
2. appeal to the IAS within 21 days.
If the keeper uses the appeals service the discount (£40) will be withdrawn so the cost will go up to £100.
If nothing is done they may use debt recovery procedures to recover the money.
Any help appreciated
Thanks
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nosferatu1001
post Mon, 18 Jun 2018 - 06:39
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Your reseearch in the last couple weeks - as yo knew it would be rejected - tell you about appealing to the IAS? You dont do it, of course. you also dont give a flying fig about debt recovery - thtss just increasingly desperate letters that mean absolutely nothing.

Its not that "the first letter arrived to late to the keeper to notify the driver" - it arrived too late to hold the KEEPER liable. The KEEPER can tell the driver about this at any time, there is nothing stopping them doing so. HOWEVER the KEEPER cannot be held liable, and they dont know who the driver is...
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silvervec
post Mon, 18 Jun 2018 - 15:41
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At the top of the first parking charge letter it says "posted on 23rd May 2018" there's no date stamp on the envelope and it genuinely didn't arrive to the keeper until 5th June. If it went to court the only witness the keeper has for the date that it arrived is the keeper. Is this still ok?
Thanks
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The Rookie
post Mon, 18 Jun 2018 - 15:46
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It wouldn't be your only defence point though would it?

The court would decide on balance of probabilities who to believe, no-one can predict that.


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ostell
post Mon, 18 Jun 2018 - 15:54
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The letter isn't first class royal mail either and probably a bulk mail company.
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