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Clear Of Parking Fine?

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Maydup | 17:27 Fri 02nd Aug 2024 | Motoring
9 Answers

It's 2nd Aug today and on 16 July I overstayed in a retail park car park by 20 minutes.

It stated it was camera controlled and free for 3 hours but I met a friend in the cafe and lost track of the time. 
 

I fully expected a fine but haven't heard anything? How long would it take to issue a fine or am I in the clear by now?

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Personally I wouldn't count my chickens just yet...these things can take several weeks.

Question Author

I wondered if (and hoped!) there's a maximum length of time in which they have to issue a notice? 

They are too late

"If you didn’t get a notice at the time you parked, you must receive a notice within 14 days of when you parked"

https://www.citizensadvice.org.uk/law-and-courts/parking-tickets/when-to-appeal-a-parking-ticket/#:~:text=If%20you%20didn';t%20get,days%20of%20when%20you%20parked.

Question Author

Feeling hopeful then Barry. 🤞

Although I did read this but struggling to understand it.

--POFA notices must be sent within 14 days from the date of the contravention.

Non-POFA Notices must be sent within 7 months from the date of contravention. This is a Code of Practice requirement and only applies to BPA AOS members.

Well that's good news and I've learned something today!

Question Author

Rereading everything- I think I understand the difference now.

14 days are over! Hoorah. 

Question Author

Still pondering this one I have googled sone more and found this:

--Parking charge notices do not have to be sent in accordance with the Protections of Freedoms Act 2012. That will only be relevant if they are trying to pursue the registered keeper instead of the driver, when the driver cannot be located.

So if you were not the driver and only the RK and the parking company could not find out who the driver was, they could have used the Protections of Freedoms Act 2012 rights to transfer liability over to you. For that to happen they should have issued the notice within 14 days.

If you were the driver, then none of this is relevant as they can pursue you as the driver anyway and no 14 day rule applies.

They won't know if you were the driver or not. To find that out they have to contact you, the RK, within 14 days otherwise they cannot pursue either the driver or the RK. 

 

The free n hours ones tend to be retail or leisure centre's, often they are not as rabid as some especially if not automated. If you park then someone has to walk round note your number then again in 3 hours, so if you park just after a walk around you have in effect got nearly 6 hours. It's possible that's what happened here.

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