Appeal "not received"

Often a parking company will claim an appeal was not received. However this reply by a leading parking company shows how they will mislead in an attempt to deny you a chance to appeal to the Independent Ombudsman. 

"I appealed a private parking charge within the 28 days and posted off. I obtained proof of postage from the post office and heard nothing back from A**OA. 3 months later i received a debt recovery letter and when I rang to see what was going on and explained I had proof of postage, they said that I needed a track and trace number as proof I had sent them a letter via recorded delivery. Apparently the proof of postage from the post office isnt enough as it doesnt prove that A**OA received by appeal. Surely this is incorrect and my appeal is deemed as served given this proof of postage receipt? I have received 2 debt recovery letters and they have demanded I pay by the end of the day today"

** Parking company's name hidden to avoid embarrassing them for their gross incompetence or deceit.

 

Under the Interpretation Act 1978 a letter sent by post is deemed to have been received by the parking company - unless they can prove otherwise. The onus is on them and not you.

The rules are:

1. Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

2. To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

(a) in the case of first class mail, on the second working day after posting;

(b) in the case of second class mail, on the fourth working day after posting.

3. "Working days" are Monday to Friday, excluding any bank holiday.

 

Our Advice

1. Contact the Parking company and tell them they have to prove it was not received and demand they stop any further action until they prove they have not received your appeal.

2. Complain both to the parking company's Trade Association and the DVLA about the failure to allow an appeal.

3. Keep all paperwork in the event, that they ignore you, the Trade Association and the DVLA and proceed to issue a claim.

 

 

 

 

 

 

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