Pofa 2012

moneypooh

I'm a bit confused; a family member was issued a ticket by ANPR and it was 6 months late!! May 2013 arrived Nov 2013.
When my family emailed back and quoted that it was not valid under POFA 2012, they company said that it wasn't issued under POFA 2012 so the time scale rules didn't apply.


I thought if a ruling had been made law they it applied, PCN was in England.


So can they make this claim??


thanks

HO87

Private parking is essentially unregulated and POFA regulates just a section of it. Parking companies are not obliged to use it and can issue charges under the provisions that applied before it came in.

In those circumstances they will need to know who the driver was. If you don't tell them they aren't going to know and will be left in mid-air.

If this is ANPR of Preston then worry not. We have enjoyed many happy hours laughing at the paperwork they produce.

Redx

yes (as above reply says) , now read through this https://forums.moneysavingexpert.com/discussion/4816822

4consumerrights

Shockingly the DVLA are allowing RK details to be divulged under a dual system - those that purport to POFA and keeper liability and those that don't.

If the letter you received did not mention POFA or keeper liability then it was under the second system. In this case only the driver can be held accountable.

I hope when your family contacted the PPC they did not identify who was driving that day.

This however does not stop an appeal to POPLA. Did the Athena give a POPLA code and did you make a formal appeal to the charge?

Please read coupons sticky thread NEWBIES - technically if you did not make an appeal it is too late - however you should still make one and request a POPLA code and make a complaint to the BPA and DVLA that Athena did not supply a code or tell you that this was the case.

Coupon-mad

moneypooh wrote: »

I'm a bit confused; a family member was issued a ticket by ANPR and it was 6 months late!! May 2013 arrived Nov 2013.
When my family emailed back and quoted that it was not valid under POFA 2012, they company said that it wasn't issued under POFA 2012 so the time scale rules didn't apply.

I thought if a ruling had been made law they it applied, PCN was in England.
So can they make this claim??

thanks

This is covered in the 'Newbies read this first' sticky thread, certain PPCs don't invoke keeper liability under POFA2012 (such as Civil Enforcement and TPS and some others). A terrible 2 tier system is allowed by the BPA and DVLA nowadays...not the intention of POFA2012 at all.

Doesn't mean for a minute that the relative can't still win at POPLA though. Have they got a POPLA code with that rejection letter? Please tell us more about the PPC and the car park and allegation.

moneypooh

Thanks.


The owner was not the driver and at no point did they state who was driving.


My father an email from ANPR dropping the charge today. I guess the email they sent to ANPR was obvious that they were going to appeal as they asked for a POPLA code.


They stated there had been an error on the charge and would not be progressing it.

Coupon-mad

Great news, well done you and your father as this is rare at this stage! Was it 'ANPR Ltd' who are a well known bunch of chancers? Or ANPR PC?

moneypooh

ANPR Ltd. Reading through the forum and being very assertive with the email refusing payment, I think made them buckle.
I only got involved when my family said they wanted to pay, I said NO WAY! I'm sure that MSE can point them in the right direction for getting it sorted. Pleased for them, a weight off their minds.


All thanks to MSE, yet again!!

Coupon-mad

Great result! On in the eye for 'Trev the Clamp' and his merry men at ANPR Ltd!