BaySentry Solutions - Vehicle Parked Outside of Allowed Hours - 7 Whitehall Road Leeds LS14AW

I have received a PCN for parking outside of the allowed hours. The vehicle arrived at 09:19:53 and the car park opened at 09:30. The contravention happened on the 11th June, the notice was issued on the 22nd June and the PCN was received on 1st July. I am unable to get pictures of the signage but have posted a GSV link

On the PCN my name as the owner of the vehicle is incorrect it is addressed to my Forename Middle Name only. My middle name does not have the correct spelling.

Is anybody able to help me with this PCN. Thanks in advance


https://ibb.co/pBkm4TDX

https://www.google.co.uk/maps/place/Leeds+LS1+4AW/@53.7947317,-1.5545235,3a,75y,167.35h,86.69t/data=!3m7!1e1!3m5!1sPo9-YvyfPDGqbQm7IyEBKQ!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D3.3138790203652775%26panoid%3DPo9-YvyfPDGqbQm7IyEBKQ%26yaw%3D167.35402569464355!7i16384!8i8192!4m6!3m5!1s0x48795ea18a745d51:0xde6d06db0ff49e9c!8m2!3d53.7936121!4d-1.5577777!16s%2Fg%2F1tdw2_bk?entry=ttu&g_ep=EgoyMDI2MDYyOS4wIKXMDSoASAFQAw%3D%3D

Name is irrelevant. The notice got to you. What does your V5C say?

From your GSV the sign and restriction on parking hours in particular seem clear and prominent. So, although you could ask the land owner to cancel the charge, they’re reasonably likely to say “no”.

Please post the rear of the PCN. There may be appeal reasons based on non-compliance with PoFA 2012, so do not identify the driver.

The notice is not PoFA compliant so an appeal can be made on that basis.

Sorry for the delayed response. My V5C has my full name.

Does PoFA compliant refer to not receiving the notice within 14 days?

Here is the back of the letter - https://ibb.co/xS03b5p7

It is a tough call on the 14 days incident date 11th date sent 22nd if they rely on this then it would have been received on 24th June which by maths is 13 days.
You may also follow the advice and appeal on the basis it is not POFA compliant. You could possibly argue given the time you arrived by the time you read the signs parked etc you are within the consideration period. I don’t know at this point if you paid for parking at the time which would possibly scupper the consideration period. Then the question could be asked why did they take your money under the circumstances. The signs do say pay on arrival so they are quite willing to take your money in an ideal world the payment machine should come up with an error warning you that you cannot pay until 0930hrs.

I received the notice on the 2nd July, 11 days after the 'Date of Notice'.

I have just looked at the app and it does not let you pay until 09:30am

So bung in an appeal purely as keeper stating that you deny liability as the driver is unknown.

You could draw their attention to the recent CMA open letter regarding consideration periods - that the driver arrived as a legitimate customer, parked up, examined signage, returned to vehicle and then noticed that it was just a few minutes until 9.30am opening time - therefore their NtK demonstrates bad faith on their part given the fine timings.

Thanks all. The option to appeal has been removed - I've sent an email asking to appeal as the keeper.

All appeals must be submitted online within 28 days of the date of issue.

On or before 20 July.
I'm afraid you dropped the ball on 2 July and they won't allow an appeal now. You can always ask, of course.

It is more likely that, if you don't pay, Bay Sentry will engage debt collectors, DCBL, followed by a Letter of Claim and a county court claim by DCB Legal. If you engage with the process you can use PoFA non-compliance in your defence, and it's likely that DCB Legal will discontinue the case before having to pay the fee, but before they you have to pay attention to deadlines and paperwork or you'll just end up with a more expensive default judgment against you.

If you want to follow this route, you will get advice here but you need to own your side of the process.

Thanks for the advice. I am trying to understand how they are allowed to wait approximately a week before sending the letter (assuming it takes 3 days to arrive). Then they won't let me appeal a few days after the 28 days.

I received the notice on the 2nd July, 11 days after the 'Date of Notice'.

I have just looked at the app and it does not let you pay until 09:30am

Any chance you have doorbell footage of the letter arriving?

Thanks for the advice. I am trying to understand how they are allowed to wait approximately a week before sending the letter (assuming it takes 3 days to arrive). Then they won't let me appeal a few days after the 28 days.

They can wait as long as they like as long as they comply with https://www.legislation.gov.uk/ukpga/2012/9/schedule/4

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)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.

which, in this case, they did. Issued 22 June, presumed delivered 24 June, within 14 days. Hence the question about "unless the contrary is proved" above.

Thank you for your response. Does this mean I need to prove when I received it or do they need to prove when it was posted?

Putting a date on the letter does not prove postage?

Thanks

Them proving when it was posted is stage one of the process - the date on the notice is not proof as such and if the matter were to escalate then you can ask them to show when the notice actually entered the postal system.

It is deemed delivered two days later unless proved otherwise by yourself.

If you can show when it was ACTUALLY delivered then you have a case.

An operator will always claim that they have no control over the postal system but that is not your problem - they chose to use Royal Mail so it is their problem to solve if Royal Mail take longer than expected to deliver.

See how it works?