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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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I received a Parking Charge Notice as I was parked on

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I received a Parking Charge Notice as I was parked on private land over the time allowed. The date the notice was sent out was 18 days after the date on which I parked. According to the Protection of Freedoms Act 2012 any such notice must be sent out within 14 days. So I wrote to the company stating this but they have written back stating the POFA does not apply.
Who is correct here? and do I have grounds on which to refuse to pay, what amounts to, an invoice.
Thank you for your question. My name is ***** ***** I will try to help with this.
Who to,d you the legislation demanded 14 days?
Is the issue here notice? So the fine was issued by CCTV ? Or added to the car?
Customer: replied 2 years ago.

Hi Jo,

I read it here:

Paragraph 9(4) & (5)

However in the letter I received back from the company, they state "There is no legal requirement to send out the PCN within 14 days of the incident as there is no reference to POFA on this ticket."

However, there was no "windscreen ticket", the company uses number plate recognition cameras and then presumably has to obtain the keepers address from the DVLA in order to post the initial PCN.

If they are obtaining my personal information does the POFA not automatically apply, if not, what protection do I, as an individual, have regarding companies obtaining and using my data? i.e. what legislation are they operating under?



Does the DVLA have the correct address for you?
Are you the registered keeper?
Customer: replied 2 years ago.

Yes and yes.

This is a private land fine. They are not parking fines whatever they may look like. I realise that many of them mimic those issued by the council or the police but they do not have the same authority.
There is an argument that it should have been sent out within 14 days but I wouldn't waste your time upon it. It has been weakened by various cases and it only applies when you actually get to court.
A private land firm is not an emanation of the state. It does not have the right to punish you for the manner of your parking any more than your neighbours do.
This is essentially an invoice arising from a civil dispute arising from an alleged agreement whereby you agree to park for a fee. They say that you accepted a contract by parking there and breached it by staying too long or otherwise parking at variance with the contract. That is what is in dispute.
Private land fines used to be very easy to escape by refusing the details of the driver. They only have a contract with the driver. Unfortunately the Protection of Freedoms Act came into force in October 2012 and it makes the registered keeper liable for the penalty if he does not disclose the details of the driver within 28 days.
All that means is that the claim runs against the registered keeper. It just makes it easier to find the person against whom there should be enforcement.
The chances are high that they will not sue. Even though the law has recently changed in their favour and they were quite aggressive in the beginning, they do not sue in the majority of cases.
If they do sue then they would only have a claim for the sum of the original fine plus about £35 in costs. They will send you debt collection letters in which they will threaten to sue you for their debt collection costs. Do not be intimidated by that.
Even if they do go to court, they would still have to prove that the signs are adequate and clear. Quite often they are not.
They will send you some very nasty letters though. You will get debt collection letters making threats of legal action. They will probably get Graham Whyte solicitors to write to you as well. None of these are anything to worry about. It will not impact upon your credit history and it will not add to the costs.
Unless you actually get a court summons, none of these correspondences have any legal basis. If you do get a court summons then you can always part admit the claim and offer a small amount for their loss.
Hope this helps. Please let me know if you need more information.
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