Parking fine from over a year ago…
Discussion
We received a Parking Charge Notice today with the PCN itself dated 18/05/2022, for an alleged parking offence dated 07/05/2021.
The parking offence itself was an overstay of free time; the car park is 2 hours as I recall, the car was there for 2.20hrs roughly, for what it’s worth.
We’ve appealed the PCN (through the parking company’s official channels) based on the grounds that we deem it unreasonable to issue a parking charge notice in excess of a year since the date of the alleged offence. It’s somewhat difficult, if not impossible to positively identify the driver from such a long time ago.
Just wondering what the PH collective reckon the odds of a successful appeal are? I’d like to have thought reasonably good, given the timeframe here, but I’m always wary of these parking companies.
Thanks
The parking offence itself was an overstay of free time; the car park is 2 hours as I recall, the car was there for 2.20hrs roughly, for what it’s worth.
We’ve appealed the PCN (through the parking company’s official channels) based on the grounds that we deem it unreasonable to issue a parking charge notice in excess of a year since the date of the alleged offence. It’s somewhat difficult, if not impossible to positively identify the driver from such a long time ago.
Just wondering what the PH collective reckon the odds of a successful appeal are? I’d like to have thought reasonably good, given the timeframe here, but I’m always wary of these parking companies.
Thanks
davamer23 said:
Over 1 year after the supposed event is in my opinion unreasonable but I can’t see why the identity of who was driving matters for a civil parking charge.
It’s not like a police authority alleged speeding offence.
The parking company have up to 6 years to issue proceedings for the invoice so 1 year is nothing.It’s not like a police authority alleged speeding offence.
KungFuPanda said:
davamer23 said:
Over 1 year after the supposed event is in my opinion unreasonable but I can’t see why the identity of who was driving matters for a civil parking charge.
It’s not like a police authority alleged speeding offence.
The parking company have up to 6 years to issue proceedings for the invoice so 1 year is nothing.It’s not like a police authority alleged speeding offence.
martinbiz said:
Do you have cdources for that information
Under the limitation act 1980 there is a six year period from breach for claims to be brought in respect of a simple contract. A simple contract is one not made by Deed. Contracts made with the special formalities of a deed have a longer limitation period, 12 years. martinbiz said:
KungFuPanda said:
The parking company have up to 6 years to issue proceedings for the invoice so 1 year is nothing.
Do you have sources for that information The private parking company are trying to enforce an invoice. The limitation period for issuing Court proceedings to seek recovery of such an invoice is 6 years.
martinbiz said:
All they can do is ascertain the keepers details which they have done
Yes. So if they run this invoice claim to trial they have got to prove on the balance of probabilities that the person they are claiming against was the person who parked. If all of the family are insured and all visit that car park regularly, how are they going to prove who contracted with them. Worth OP looking on parking specialist website.
Austin_Metro said:
Yes. So if they run this invoice claim to trial they have got to prove on the balance of probabilities that the person they are claiming against was the person who parked. If all of the family are insured and all visit that car park regularly, how are they going to prove who contracted with them.
Worth OP looking on parking specialist website.
No the pcn is for the registered keeper otherwise no one would ever need to pay a parking ticket again would theyWorth OP looking on parking specialist website.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff