POFA not complied with, I'm immune?

sunnyjimbo111

Hello everyone, love the forum, first time posting due to needing some help.

I have a PCN that's come to me as the registered keeper of the vehicle. I emailed the DVLA to get the information of when my details were requested, by whom, on what date, and for what reason. I got a letter in the post from the DVLA with all the information I requested, it was a photocopy of the request the parking company had sent to them.

I found that the address of the 'parking incident' they put down on their request to the DVLA is totally different from the address of the 'parking incident' they put on the PCN they sent me as keeper.

My questions are:

1. Does this error mean the parking company has not complied with POFA when requesting my details?
2. Therefore am I not liable for the money they demand?
3. Would I win in court using this as a defense?

Many thanks for any help you can give.

Redx

1) many dont use POFA2012 and getting dvla data has been done for over a decade, including pre-POFA2012 , so they dont need POFA to request your details

they may have breached their KADOE contract though , or the DPA , but I dont think they breached POFA2012 on the issue you raised, but maybe failed POFA2012 on other issues as many do

2) its an invoice , so you are liable until proved otherwise , usually in a court of law

3) maybe , but a judge would decide , not any forum I know of

and a judge would look at all aspects of the case, and may throw it out on other issues , like no locus standii

The_Slithy_Tove

You should make a FORMAL complaint to the DVLA stating that the PPC obtained the keeper details when they had no "reasonable cause" to do so. State that the car was never at the car park they put on their request (don't say anything about where the car was, the only fact that matters is the PPC have said it was at place X when it wasn't).

And did the PPC really make a paper request? Fairly unusual. Who was it? And what was the alleged "offence"?

beamerguy

The_Slithy_Tove wrote: »

You should make a FORMAL complaint to the DVLA stating that the PPC obtained the keeper details when they had no "reasonable cause" to do so. State that the car was never at the car park they put on their request (don't say anything about where the car was, the only fact that matters is the PPC have said it was at place X when it wasn't).

And did the PPC really make a paper request? Fairly unusual. Who was it? And what was the alleged "offence"?

YES, i agree with The Slithy Tove, a FORMAL complaint to the DVLA

arabesque_101

If the company is claiming keeper liability, you should see a reference to POFA 2012, and/or the words to the effect that they hold the keeper liable on your Notice to Keeper. If so, they are claiming POFA.

If they are claiming POFA 2012, then to answer your question, it depends on which document is wrong. If the address of the parking incident on the Notice to Keeper that you received is incorrect, then it is arguable they have not met the requirements of POFA which states:

(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

On other hand, if the NTK had the correct address of the parking incident, but they lodged the incorrect details with the DVLA, then they haven't failed POFA.

(If they fail POFA, then it means that they cannot hold the keeper liable, and they can only chase the driver. Even if they re-issued the NTK, they would then arguably fail POFA on the 14 day limit.)