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What has the Protection of Freedoms Act 2012 actually changed?
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MrHyperthetical
Posts: 1 Newbie
Hello all,
To quickly summarise my queries, before PoFA 2012, the advice was to ignore private parking charges. Advice after PoFA 2012, depending on source, is either to still ignore unless court papers are received, or appeal.
Q1) If I understand the PoFA 2012 correctly, all this does is allow a PPC to persue a RK if the PPC doesn't know who the driver was, correct?
Q2) Is a RK under any legal obligation to provide ANY information to a PPC as a result of receiving a PCN, and if not, what's actually changed if a RK continues to ignore the PCN's issued after PoFA 2012?
Q3) Regardless of whether or not a RK was also the driver, could a RK still not defend, if taken to court, the invalidity of the PCN if not appealed via the PPC/POLPA?
Q4) Unless legally obliged, why should a RK spend their own time providing information, or appealing to a PPC/POLPA, unless it is ultimately taken to court?
Q5) If a RK was either not the driver and isn't legally obliged to provide the drivers details, or the RK does not want to incriminate themselves as the driver, how can a PPC persue a RK under contract (or breach of) if, as the RK they weren't aware of, let alone agreeing to or validating, the contract?
As a side note, PoFA is an interesting name, if it aids the enforcement of PPC PCN's in anyway, why was it not given a more appropriate and relevant name, such as "PPC Enforcement Act?
Many thanks!
MrHyper(o)thetical
To quickly summarise my queries, before PoFA 2012, the advice was to ignore private parking charges. Advice after PoFA 2012, depending on source, is either to still ignore unless court papers are received, or appeal.
Q1) If I understand the PoFA 2012 correctly, all this does is allow a PPC to persue a RK if the PPC doesn't know who the driver was, correct?
Q2) Is a RK under any legal obligation to provide ANY information to a PPC as a result of receiving a PCN, and if not, what's actually changed if a RK continues to ignore the PCN's issued after PoFA 2012?
Q3) Regardless of whether or not a RK was also the driver, could a RK still not defend, if taken to court, the invalidity of the PCN if not appealed via the PPC/POLPA?
Q4) Unless legally obliged, why should a RK spend their own time providing information, or appealing to a PPC/POLPA, unless it is ultimately taken to court?
Q5) If a RK was either not the driver and isn't legally obliged to provide the drivers details, or the RK does not want to incriminate themselves as the driver, how can a PPC persue a RK under contract (or breach of) if, as the RK they weren't aware of, let alone agreeing to or validating, the contract?
As a side note, PoFA is an interesting name, if it aids the enforcement of PPC PCN's in anyway, why was it not given a more appropriate and relevant name, such as "PPC Enforcement Act?
Many thanks!
MrHyper(o)thetical
0
Comments
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1. Yes, if certain conditions are met.
2. Because the PPC now has a named person that , assuming they've followed the conditions in POFA, they can take to court. Therefore the RK ignoring is bad advice.
3. Indeed they could.
4. To keep the issue out of court. Court is a gamble, stressful and time consuming. For the sake of two emails why wouldn't an RK kill the issue dead ?
5. POFA 2012 allows them to do so just as long as certain conditions are met. It's the law."The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis." - Dante Alighieri0 -
As Hot Bring, as well as its cost HMCS (ie; us) a bloody fortune!0
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And POFA2012 is not just about PPCs and parking, only Schedule 4 covers that. POFA itself has a much wider remit.
http://en.wikipedia.org/wiki/Protection_of_Freedoms_Act_20120
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