BOP Code / FOPA contradictory 14-day limit?!

VelvetLeaf

Hi all,

On reading the BPA Code of Practice, I cannot get my head around what seems to be a contraction for notices sent by post, for 'breaches' evidenced with camera technology and notices required under Protection of Freedom Act (POFA). Paragraph 33 (Serving parking charge notices by post) of the code states that the PPC should aim to request details from DVLA max 14 days after event and no more than 28 days. PPC should aim to send to keeper max 14 days after receiving details from DVLA and no more than 35 days after unauthorised parking event.

S.9 of Schedule 4 of POCA states a notice to keeper should be sent in the post so it's received within the relevant period of 14 days beginning on day after parking.

This is in relation to a fake PCN addressed to registered keeper (though it does not cite 'keeper liability' under sch 4 POFA specifically) where the evidence is a photograph.

Any insight much appreciated!

Velvet Leaf

Guys_Dad

Two situations. One where a windscreen ticket was issued, the other when there was no notice to driver.

VelvetLeaf

Guys_Dad wrote: »

Two situations. One where a windscreen ticket was issued, the other when there was no notice to driver.

Thank you Guys Dad. So the PPC has a longer period of time to get out the notice to keeper if they already put a ticket on the windscreen... so no ticket, 14-days have expired since event = unauthorised fake PCN

hoohoo

VelvetLeaf wrote: »

Thank you Guys Dad. So the PPC has a longer period of time to get out the notice to keeper if they already put a ticket on the windscreen... so no ticket, 14-days have expired since event = unauthorised fake PCN

Its more complicated than that.

Two more things to consider.
1) What does the ticket say. If it says a windscreen ticket was issued (even if you never saw it) then yet more timescales apply

2) The 14 day limit only applies to tickets issued under POFA 2012. if your ticket states that POFA 2012 applies, or that the keeper is liable, then this is not allowed and you should complain to the BPA and DVLA with copies of the ticket. This is a serious offence which can result in a ban
aos@britishparking.co.uk
foi@dvla.gsi.gov.uk

If the ticket does not state POFA 2012 applies then the charge is still 'valid', but only applies to the driver. Thus, never tell them who the driver is. Appeal to the parking company and then POPLA for a guaranteed win.

VelvetLeaf

hoohoo wrote: »

Its more complicated than that.

Two more things to consider.
1) What does the ticket say. If it says a windscreen ticket was issued (even if you never saw it) then yet more timescales apply

2) The 14 day limit only applies to tickets issued under POFA 2012. if your ticket states that POFA 2012 applies, or that the keeper is liable, then this is not allowed and you should complain to the BPA and DVLA with copies of the ticket. This is a serious offence which can result in a ban
aos@britishparking.co.uk
foi@dvla.gsi.gov.uk

If the ticket does not state POFA 2012 applies then the charge is still 'valid', but only applies to the driver. Thus, never tell them who the driver is. Appeal to the parking company and then POPLA for a guaranteed win.

Thanks for your response. It does not say a windscreen ticket was given (just caught on camera stopping and waiting- it wasn't even a car park and so not manned). It doesn't explicitly say 'POFA applies' but implies it as it refers to its right under sch 4 POFA to charge the registered keeper if it's not made aware of the driver'd identity. So it looks like they could only have gone after me as registered keeper if I'd got the notice earlier... in addition to their lack of right to try charge in the first place

4consumerrights

Which PPC is this-CEL?

VelvetLeaf

Park direct uk

Coupon-mad

Please read the 'NEWBIES read this first' sticky thread at the top of this forum, that's what it's there for. This is the same as any other case and you are at first appeal stage with a PCN that arrived too late for keeper liability. There are examples in that sticky thread to suit that situation, do adapt one of them.

peter_the_piper

Parkdirect are not on AOS as being an ANPR operator,do you mean a pic taken by hand or automatically?

nigelbb

A Notice To Keeper does not have to quote POFA 2012 to be valid if the PPC chooses to pursue the keeper for unpaid parking charges. However the PPC cannot pursue the keeper if the NTK does not does not follow the requirements laid down in POFA 2012 e.g. delivered within 14 days if there was no windscreen ticket.

It's a false assumption to think that POFA 2012 does not apply just because the PPC does not quote it. POFA 2012 always applies as it's the law but the PPC cannot pursue the RK if they do not satisfy the requirements of POFA for keeper liability.

An NTK should be taken on its merits & checked against the requirements if POFA. If it does not comply then the RK can tell the PPC to go whistle & take the matter up with the driver or at least send a POPLA code so they will get the charge cancelled.

VelvetLeaf

Thanks all. Surprised to see they're not registered on AOS as ANPR operator... as the driver doesn't recall there being anyone there taking a photo by hand (it's not a car park, and not a manned area) ... and I went back to check and there is definitely some sort of 360 security camera. No sign to say they're using ANPR though (as required). So either unauthorised camera use or a sneaky hand held photo. Either way, this does not appear to affect their section 9 of schedule 4 POFA requirement to deliver NtK within 14 days...