Hi,
This is my first post so apologies I've missed something amongst the other threads i've read today regarding the same 'creditor' at the same location, The questionnaire is below:
1 Date of the infringement 03/09/2022
2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 16/09/2022
3 Date received Today, 26/09/2022
4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] NO
5 Is there any photographic evidence of the event? YES
6 Have you appealed? [Y/N?] post up your appeal] NO
Have you had a response? [Y/N?] post it up N/A
7 Who is the parking company? SMART PARKING
8. Where exactly [carpark name and town] ANGOULEME WAY RETAIL PARK, BURY
For either option, does it say which appeals body they operate under IAS is mentioned on the back of the notice
I have a few queries regarding this having read some of the threads on this site:
1 - It has taken 23 days from the date of contravention for me to receive this comms - this is the first comms I have received regarding these matters;
my under standing there is 14 days for them to issue this notice, with the date detailed being 13 days, so no problem there. I have read there is then a 2 day allowance for post, so 16 days in total, meaning I should have had this by 19th September 22 - is my understanding correct?
does this invalidate this invoice?
is the Bank Holiday a mitigating circumstance for them? even then that is only 1 day - there hasn't been Postal Strikes in the period between date of issue (16/09/22) and date of receipt (26/09/22)
2 - the charge is for £100, reduced to £60 within the 14 day period (of which there is only 4 remaining) - I note a thread about these charges being capped at £50 now - is this a legitimate charge?
Source - Private parking fines to be capped at £50 - BBC News
3 - The convention itself is for being 17 mins over a 45min 'free stay' period - 45 mins seems incredibly short and despite contacting the Landlord - CBRE, as well as the Planning Dept of the Local Authority, I've been unable to ascertain the legality of this enforcement. 5 of those minutes were spent queuing to exit the retail park, with the only exit leading onto a road that get congested due to volume of traffic looking to turn onto the A58 which runs perpendicular to the site.
Any help or advise is greatly appreciated