Protection of Freedoms Act 2012

karlosfandango

I personally don't have a problem now as I did what everyone should do, ignore these damn people. However, these companies are now trying to quote the Protection of Freedoms Act. Has anyone got any comments on this in relation to these scammers? Are they misinterpreting what is said in the Act and using it for their own ends??
Come on peeps, let's have some feedback please for those who are still worried even now.

spacey2012

It only comes in to force with a contract.
People when defending these often go in to high, make them provide foundation evidence that a contract was formed.

edward123

PoFA Oct, 2012 simply means the PPC can pursue the RK if they are not given the name and address of the driver. If you have ignored a NTK continue to ignore. Only respond to real, not fake, court papers. Some PPC's are being litigious presently. In the unlikely event this occurs then come back here for advice(not from me, others more knowledagble ).

nigelbb

POFA 2012 which came into force last October 1st allows in certain limited circumstances for the keeper of a vehicle to be held liable for unpaid parking charges. The private parking company must jump through several hoops & abide by certain strict timescales & I have yet to see one that properly complies.

What also started up last October is POPLA which is a supposedly independent appeals body funded by the British Parking Association Ltd where you can appeal after a PPC (inevitably) rejects your appeal. As none of the PPCs comply with POFA or the Code of Practice of BPA Ltd then when you raise these points when appealing to POPLA then you are guaranteed to win.

We know what buttons to press to win at POPLA so appealing is now the recommended action rather than just ignoring. This averts the danger of being taken to court or a series of threatening letters from solicitors & Debt Collecting Agencies.

Buzby

Unless you are domiciled in Scotland - where POPLA does not have any jurisdiction or relevance, the game here is still to ignore.

Coupon-mad

karlosfandango wrote: »

I personally don't have a problem now as I did what everyone should do, ignore these damn people. However, these companies are now trying to quote the Protection of Freedoms Act. Has anyone got any comments on this in relation to these scammers? Are they misinterpreting what is said in the Act and using it for their own ends??
Come on peeps, let's have some feedback please for those who are still worried even now.

Well those people who are worried only have to put 'Freedoms' into the 'search this forum' box above the thread list on this parking forum if they want to read threads about it!

https://forums.moneysavingexpert.com/discussion/4360185

Stroma

The only reason they quote it is to make their scam look like its backed by statute law. It's not at all, the law of contract hasn't changed, pofa 2012 is meaningless in most cases as the RK of the vehicle is the driver, so it changes nothing. And of course it only applies in England and Wales

Umkomaas

karlosfandango wrote: »

I personally don't have a problem now as I did what everyone should do, ignore these damn people. However, these companies are now trying to quote the Protection of Freedoms Act. Has anyone got any comments on this in relation to these scammers? Are they misinterpreting what is said in the Act and using it for their own ends??
Come on peeps, let's have some feedback please for those who are still worried even now.

There is endless information on almost any thread on this forum about PoFA and it's applicability. Those 'peeps' (jeez, I so hate that word) in the know have spent hours and hours of reading, reading, and reading again on the subject on the forum.

Resources are quite limited, so this sort of rhetorical question, when a simple search will give you enough focused reading for the next few months, just diverts energy from day-to-day essential tasks of helping real cases fight their PCNs

Hopefully you've got the gist of PoFA in the preceding posts. However, if you want some further bedtime reading, here you go:

PoFA Schedule 4