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#Post#: 85072--------------------------------------------------
Re: Penalty for not displaying parking permit even you live
there
DIR By: DWMB2
Date: August 11, 2025, 3:26 am
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From PoFA:
--- Quote ---
> 9(1)A notice which is to be relied on as a notice to keeper
for the purposes of paragraph 6(1)(b) is given in accordance
with this paragraph if the following requirements are met.
>
> [...]
>
> (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.
--- End Quote ---
As for your question "how to prove that the notice arrived
considerably later than the assumed date that it should have
been reached within 2 days from the date of dispatch", you'd
need to consider what evidence you could present to demonstrate
this. In practice, it can be rather difficult to rebut the
presumed date of delivery - if it was as simple as just saying
that it turned up later than expected, everyone would just say
that.
#Post#: 85075--------------------------------------------------
Re: Penalty for not displaying parking permit even you live
there
DIR By: andy_foster
Date: August 11, 2025, 3:52 am
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Have you received a PCN or is this all hypothetical?
#Post#: 85136--------------------------------------------------
Re: Penalty for not displaying parking permit even you live
there
DIR By: seagul
Date: August 11, 2025, 10:02 am
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It's real situation not hypothetical. If it is difficult to
prove that you have received notice later than 14 days then how
the parking company can prove that they have genuinely sent on
the date that they printed on notice. These notices aren't sent
by recorded delivery or even with the first class stamp but
through cheapest means.
#Post#: 85142--------------------------------------------------
Re: Penalty for not displaying parking permit even you live
there
DIR By: DWMB2
Date: August 11, 2025, 10:24 am
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--- Quote from: seagul link ---
>
> It's real situation not hypothetical.
>
--- End Quote ---
In which case, why have you started a post in the Flame Pit with
rather vague questions about the general enforceability of
charges in various scenarios, rather than starting a post in the
private parking forum with specifics upon which we can advise?
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