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Terrific Trevor
ive had a PCN issued by private parking company. i received the letter 16 days after the alleged event. Can someone kindly advise me if I can reject the charge as its outside the 14 day limit ??

Many Thanks
Salmosalaris
Is the date on the notice 13 days or more after the event ?
Do you have the envelope ? Is it postmarked with a date ?
Which PPC ?
axeman
QUOTE (Salmosalaris @ Fri, 12 Jul 2013 - 00:01) *
Is the date on the notice 13 days or more after the event ?
Do you have the envelope ? Is it postmarked with a date ?
Which PPC ?


agree the dates are the key
Terrific Trevor
Hi, the letter is issued by Highview parking (tesco`s) and is dated the 4/7 and the alleged event was on the 24/6 . Whilst the letter is dated 4/7 i didnt receive it until the 10/7 (16 days after the event and 6 days after date of the letter). I have kept the envelope which has the daily mail orange bar code type markings but no date stamp. its been posted 2nd class. Clearly they are back dating the letters to give the impression they are complying with the 14 day rule. Also surely they have an obligation to post 1st class ??

Many thanks for your advice
Broadsword
Get this email off to the DVLA asap

Elizabeth.Symons@dvla.gsi.gov.uk



Dear Liz Symons

My ref: (registration number)

As your records will confirm, I was the registered keeper of the above vehicle on 24th June 2013.

Please find attached a Parking Charge Notice dated 4th July 2013 that was sent to me by Highview Parking.

I can confirm that this Notice was not delivered to me until 10th July 2013 which is 16 days from the alleged contravention and therefore outside the 14 day statutory requirement of paragraphs 9(4) (5) of the Protection of Freedoms Act 2012.

I would be grateful therefore if the DVLA will simply confirm when the request for and the release of registered keeper in this case were made.

If either the data request or the data release post dated the date on the Parking Charge Notice then it shows that Notice has been backdated to make it PoFA compliant.

Please note that I am not seeking personal data so my enquiry is not a subject access request. I merely seek details of actions taken by the DVLA

I would be grateful if you could reply asap as I have limited time in which to appeal against the parking charge..

Regards
Jlc
Read this.

But follow Broadsword's instructions. wink.gif
Dingolatic
Highview don't seem to have got the hang of the 14 day rule: I had a Charge Notice from them last week, but noticed that it arrived 16 days after the parking event. From what I understand (and that's not a lot, to be quite honest) of the Protection of Freedoms 2012 Act (relevant clauses italicised below) they have 14 days starting on the day following the parking event, and must allow 2 working days for delivery of their letter:

(5) The relevant period for the purpose of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
(6) A notice sent by post is to be presumed, unless the contrary is proved (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted, and for the purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.


So I think they were too late by one day. Shame. I sent a snotty letter to their appeals section explaining this, but in the meantime have had some good news from Go Outdoors whose car-park it was: I'd emailed them explaining the circumstances (I'd spent 2 hours deciding what to buy - including a visit to a bank before returning to the store to make my purchases - but the 'free' parking was only available for 90 minutes) and they have responded by offering to arrange a cancellation of the charge.

Without wanting this post to sound like a corny Oscars speech, can I say a heartfelt thankyou to all who have posted on here describing their experiences of private parking companies. I was about to shell out the money that Highview wanted, in the mistaken belief that I had no choice. Discovering this site made me realise that I could fight back and that there were people out there with sound advice and a high level of knowledge of the relevant laws. Thankyou again and good luck in your own fights against these (largely) unjustifiable charges.

Dingolatic


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