Robin hood airport Doncaster

BON_EON

Hi folks,
This might sound like a silly question at this stage, but as I have been reading up a bit more on this to prepare my defence, I am now increasingly worried with regards to Keeper Liability and shedule 4 of PoFA. I have been under the assumption that I could not be pursued as keeper under this act, but everything i'm reading is actually saying that I can. Quote from BPA code of practice "20.16 If the keeper does not reply within 28 days, or refuses to give enough details about the driver, under Schedule 4of POFA 2012 you are able to pursue the keeper for the
unpaid parking charge."

Is this only the case if it is a Parking charge Notice, rather than the PENALTY CHARGE NOTICE i received.

Sorry for the silly question, but this was a big part of my defence, which I'm now whittling about......

Can someone explain put me at ease over schedule 4 of PoFA and keeper liability?

thanks

KeithP

But in the first reply you ever received on this thread your were told that POFA wasn't applicable.

There is no way that the driver's liability can be transferred to the keeper.

Full stop.



Just two weeks left now to produce that winning Defence.

How's it going? Nearly ready?

Redx

airport land , bylaws apply , POFA2012 does not apply as airport land is not relevant land

surely you know this by now ?

only the airport can issue a penalty charge notice under bylaws , within 6 months, so that is also a part of your defence strategy

and if this was on a road accessed by the public at the airport, then normal TRO,s apply surely ? (no parking event)

BON_EON

Hi Keith,
Yes I know, that's why I'm confused, as what I'm reading in other documents says that I can be pursued under keeper liability, hence my panic and confusion......

So is the information on the BPA document wrong??

Redx

no, it is correct if POFA applies, but it doesnt apply to ALL land, so does not apply to PORTS , AIRPORTS, RAILWAY STATIONS or council land or public highways , plus POFA is not mandatory and VCS never bothered with it

so where a bylaw applies, then POFA doesnt apply , you have been too selective in reading and have suffered tunnel vision, convincing yourself that POFA applies and then trying to make it fit


any paperwork issued by VCS will NOT have conformed to the POFA timeline and definitely wont have had the POFA wording and other rules and caveats on it either, hence they failed POFA at the time even though it doesnt apply anyway

KeithP

BON_EON wrote: »

Hi Keith,
Yes I know, that's why I'm confused, as what I'm reading in other documents says that I can be pursued under keeper liability, hence my panic and confusion......

So is the information on the BPA document wrong??

No, it is not wrong, but it is written by the British Parking Association for the benefit of it's Approved Operator Scheme members.

It is, shall we say, economical with the truth in it's interpretation of the Protection of Freedoms Act.

Read condition 2.15 of the BPA COP:

2.15 Where parking on land is subject to Byelaws you must ensure that your practices are in accordance with them or that you don’t operate a scheme that is prohibited by them. For the avoidance of doubt, land managed under Byelaws is not considered as ‘Relevant Land’ under POFA.

Redx

and bear in mind that VCS have not been BPA AOS members for several years, they joined the IPC a few years ago

Coupon-mad

Why not just read Schedule 4 of POFA? It's really short & linked in the NEWBIES thread.

KeithP

Redx wrote: »

and bear in mind that VCS have not been BPA AOS members for several years, they joined the IPC a few years ago

Hahaha. Yes, good point.

BON_EON

Coupon-mad wrote: »

Why not just read Schedule 4 of POFA? It's really short & linked in the NEWBIES thread.

I have read it..... But found it confusing..... I'll go over it again