Yet another parking query.

[Writhing]

I received this lovely letter today and there were a few things which I thought were a bit iffy.

1. They mis-spelled my name.
2. Does the 14 day rule (date of offence/date of letter) apply here?
3. Next time I'm in the area, I will have to check the signage. I just checked my bank account and can see that I paid £2. The information on the car park website doesn't give any information about a reduced rate after a certain time.

Any help or advice will be gratefully received.

[dundarach]

You stayed over 3 hours, pop on the website for where you parked and look at the charges.

I suspect you've underpaid, I'd pay the £60, be cross and move on.

Otherwise if you haven't sit back and relax, you've confirmation you paid the correct amount.

[MrBen.911]

I'd doubt mis-spelling your name is a way out, so long as it's close enough to identify you. The 14 day thing is irrelevant here, this isn't an NIP for an offence, this is a private notice from a parking company for breaching their terms and conditions.

NCP website certainly suggests £2 is the charge for an hour, not all evening. Possible signage on site is different, albeit unlikely.

Lots of threads on here about what to do when caught with this sort of thing - views range from ignore all the letters and they'll probably go away; to just pay the difference in charge plus a bit extra for admin costs; to just pay the fine. Depends on your attitude to risk and bother!

[WrekinCrew]

There's a 14* day rule for serving the PCN (POFA 2012). After that they cannot transfer liability from the driver, who they don't know, to the Registered Keeper, who they get from the numberplate & DVLA.

• OOPS 14 not 28 as originally posted.

Edited by WrekinCrew on Tuesday 17th February 20:50

[carl_w]

Writhing said:

I received this lovely letter today and there were a few things which I thought were a bit iffy.

1. They mis-spelled my name.
2. Does the 14 day rule (date of offence/date of letter) apply here?
3. Next time I'm in the area, I will have to check the signage. I just checked my bank account and can see that I paid £2. The information on the car park website doesn't give any information about a reduced rate after a certain time.

Any help or advice will be gratefully received.

As per the PoFA legislation:

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.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (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 this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

So they should have expected this notice to be delivered on 13th Feb, 15 days after the incident. Appeal on this basis.

As I always say go to https://forums.moneysavingexpert.com/discussion/co... and do some reading.

[Mandat]

It seems that you parked for 3 hours 10 mins but only paid for 1 hour (£2), hence the PCN.

https://www.ncp.co.uk/find-a-car-park/car-parks/ip...

[Writhing]

Mandat said:

It seems that you parked for 3 hours 10 mins but only paid for 1 hour (£2), hence the PCN.

https://www.ncp.co.uk/find-a-car-park/car-parks/ip...

I agree. It looks that way. However, I'd be disappointed in myself if I made that mistake. I'm usually very careful when it comes to parking as I don't want to receive parking fines.

I'm back in Ipswich tomorrow. I'll check the signage in the car park as I wonder if it has any 'free after 7pm' type information.

[carl_w]

Writhing said:

I agree. It looks that way. However, I'd be disappointed in myself if I made that mistake. I'm usually very careful when it comes to parking as I don't want to receive parking fines.

I'm back in Ipswich tomorrow. I'll check the signage in the car park as I wonder if it has any 'free after 7pm' type information.

Make sure to take some pictures of the signs and check them against the BPA guidelines. You may well find they are too small.

[snuffy]

Writhing said:

I agree. It looks that way. However, I'd be disappointed in myself if I made that mistake. I'm usually very careful when it comes to parking as I don't want to receive parking fines.

I'm back in Ipswich tomorrow. I'll check the signage in the car park as I wonder if it has any 'free after 7pm' type information.

For those "free after" type things, they tend not to work whereby the clock stops at 7 if you enter before.

So if you enter just before 7, you dont just pay until 7, and then after 7, its free. You have to pay as normal.

If that's what you were thinking?

[sixor8]

I wouldn't agree with this. I've been in many seaside towns where there are 1 hr restrictions, but free after a certain time (5pm or 6pm ish). So, if you park there for less than an hour before the restriction ends, that's what everybody does; they don't get a ticket.

If a car park is free after 7pm, it's exactly that, you only have to cover the period you're there up to that time.

[Red Devil]

carl_w said:

Writhing said:

I received this lovely letter today and there were a few things which I thought were a bit iffy.

1. They mis-spelled my name.
2. Does the 14 day rule (date of offence/date of letter) apply here?
3. Next time I'm in the area, I will have to check the signage. I just checked my bank account and can see that I paid £2. The information on the car park website doesn't give any information about a reduced rate after a certain time.

Any help or advice will be gratefully received.

As per the PoFA legislation:

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.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (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 this purpose working day means any day other than a Saturday, Sunday or a public holiday in England and Wales.

So they should have expected this notice to be delivered on 13th Feb, 15 days after the incident. Appeal on this basis.

As I always say go to https://forums.moneysavingexpert.com/discussion/co... and do some reading.

^^This^^

NCP have cocked up. Reply as the keeper. NCP, your NTK is non compliant (out of time) with PoFA 2012 and thus must be cancelled..Please confirm that this has been done

End of story. They can only pursue the driver and they don't know who that is. You are under no legal obligation to provide that information. "Don't tell them, Pike!"

[Writhing]

Red Devil said:

^^This^^

NCP have cocked up. Reply as the keeper. NCP, your NTK is non compliant (out of time) with PoFA 2012 and thus must be cancelled..Please confirm that this has been done

End of story. They can only pursue the driver and they don't know who that is. You are under no legal obligation to provide that information. "Don't tell them, Pike!"

Many thanks for the replies.
I went to the car park yesterday and found that the signs have all been changed. There is no mention of any 'free after 8pm' type thing.
Anyhoo, I have appealed using the above information.
I'll keep you posted.