Don't misread the new BPA CoP

Guys_Dad

The Prankster has drawn attention to the new BPA CoP and highlighted differences.

There is one section that could be misread and I am quoting it below.

Making use of Keeper Liability provisions

21.5 If you want to make use of the Keeper Liability provisions in Schedule 4 of POFA 2012 and you have
not issued and delivered a parking charge notice to the driver in the car park where the parking event took
place, your Notice to Keeper must meet the strict requirements and timetable set out in the Schedule (in particular paragraph 9).

Not making use of Keeper Liability provisions

21.6 To give drivers early notice of your claim, you should apply to the DVLA for the keeper details promptly. The target time to apply to the DVLA for keeper details is no more than 14 days after the unauthorised parking event. You must apply no more than 28 days after the unauthorised parking event.
21.7 You must post the parking charge notice to the keeper as soon as possible. Your target is to send the parking charge notice to the keeper of the vehicle no more than 14 days after receiving the keeper data from the DVLA.
21.8 Your letter to the keeper should point out the details of the unauthorised parking event and ask for payment or request details of the driver.
21.9 It is the driver’s responsibility to pay the parking charge notice. If you receive information from the keeper which identifies the driver, and the driver is someone else, you must serve the parking charge notice by post on the driver.
21.10 Parking charge notices served by post must offer the same payment discount arrangements as tickets placed on vehicles, while allowing extra time for the postal service.

(Prankster's comment) :- This is a clarification of the situation which currently exists where sometimes operators choose to make use of keeper liability and sometimes do not. The Prankster thinks this does not go far enough and that the letters should point out that keeper liability does not apply and only the driver is liable for the charge. However, this is a start, and therefore welcomed as such.

There is a danger that newbies (and some PPCs' staff) may read the bit in red is the time frame for instances when they do try to impose keeper liability.

It is a pity that the BPA did not expand the requirements when PPCs are relying on keeper liability rather than just referring to section 9 of the schedule.

Please keep a wary eye on newbies misinterpreting the required timescales relating to Keeper Liability

bazster

The Prankster, for all the wonderful work he does, seems to be consistently approving of the Red Cow Yard Gang. An "independent" appeals service which shares an address with a PPC, and also with a PPC solicitor, is quite enough for me not to trust them further than I could throw them.

I have several FOI requests in progress aimed at understanding just how exactly this conflicted shower came to gain the DVLA's approval.

Welsh_Exile

I detect a certain amount of mischief-making when The Prankster apparently comments favourably on the IPC.

marpol456

Does this mean that you have to receive you PCN 14 days after APCOA have your details from DVLC, and not 14 days from the date of the aledged offence


I AM CURRENTLY CONSIDERING SENDING THE STANDARD LETTER OBTAINED HERE. AS MY PCN WAS RECEIVED OUT OF TIME ie 18 DAYS


Is the 14 day argument from date of offence to receipt of PCN no longer relevant

Guys_Dad

That is why I said not to misread it.

The 14 day rule from time of incident applies if PPC did not ticket you and wants to use the keeper liability provisions of POFA.

If they miss that deadline they can only pursue the driver and the keeper has no liability for naming the driver.

If there is a windscreen ticket scenario, there are different timescales.

In your case, what was the date of incident and date on NTK? The provisions of schedule 4 say that the date of receipt is deemed to be 2 working days after posting and the PPC may try to cheat by backdating date on NTK.

Coupon-mad

marpol456 wrote: »

Does this mean that you have to receive you PCN 14 days after APCOA have your details from DVLC, and not 14 days from the date of the aledged offence

I AM CURRENTLY CONSIDERING SENDING THE STANDARD LETTER OBTAINED HERE. AS MY PCN WAS RECEIVED OUT OF TIME ie 18 DAYS

Is the 14 day argument from date of offence to receipt of PCN no longer relevant

Your case is before this BPA CoP change anyway.

marpol456

Thanks Guys Dad and Coupons


The Notice I received was as a keeper for an alleged offence in Jan 2014, and was a camera, not an on the windscreen ticket


The Parking Charge Notice was dated more than 14 days after the 'offence' and I received the PCN a couple of days after that, so either way the PCN was received more than 14 days after the 'offence'.
Therefore after your advice they are out of time and I should challenge it?

Guys_Dad

What that means is that they can not pursue you as keeper, only the driver. There are a number of such appeal letters on the forum already, so look for "out of time" or similar on a search.

A bit busy just now, or I would look through myself, but maybe one of the other regulars has a better memory that me and can point you to the relevant threads.

Just remember that if you admit to the PPC that you were the driver, then you have lost this valuable defence/appeal point.

Coupon-mad

You should challenge it whether or not it arrived by day 15. As per the advice on your thread.

spacey2012

It means very little, they are guidelines of a trade association run by scammers, they do very little about those ignoring guidelines, which is usually all of them all of the time.