PCN Failure to comply with POFA 2012?

themaninnoir

A PCN windscreen ticket (from VCS) was followed by a NTK shortly afterwards. Now a couple of months later a final reminder has arrived.

When I look at POFA 2012, Schedule 4, Section 56, 8(2)(a) it says that the notice must specify the period of parking to which the notice relates. The notice received though gives a contravention time (09:07 for example) and a contravention reason (parked for longer than the maximum period permitted).

As there is no mention of the period of parking to which the notice relates, does that mean that VCS has failed to comply with POFA 2012 and are in breach of BPA code?

Redx

they may well have failed POFA2012 but as they are IPC members they have not breached the BPA CoP

VCS (and EXCEL) have not been BPA AOS members for years (but are probably corporate members)

I am assuming that you mean VCS from Sheffield, and not some other VCS ?


ie:- the windscreen ticket was from myparkingcharge ?

onlyfoolsandparking

And even if they have failed POFA (Which they usually do) you do know that they DONT have to use it, it just means it can be used in your defence if it gets to court stage.


Read up more in the newbies and definitely read more VCS/Excel threads, then you will know what sort of scammer your up against.

themaninnoir

Thanks for replying. Yes, VCS from Sheffield.

Coupon-mad

As there is no mention of the period of parking to which the notice relates, does that mean that VCS has failed to comply with POFA 2012 and are in breach of BPA code?

No, I wish people wouldn't focus on that minuscule little details that is implied anyway, and then miss the real reasons why this is a non POFA PCN!

- because the 28 day period to keeper liability is misstated 'from the date of this notice',

and

- because there was NO 'parking charge notice' on the windscreen, just an envelope and slip saying it's not a PCN! A hybrid effort, covered in loads of defences, followed by a premature 'NTK' that neither meets para 8 or para 9 (Schedule 4) timelines.

themaninnoir

So does it matter that this is a non POFA PCN? Other replies seem to be saying that the POFA thing is irrelevant.

Redx

if the PPC know who was driving , POFA2012 is irrelevant

if they dont, then if VCS failed POFA2012 they have a harder job of proving that the keeper is liable, but not impossible

POFA2012 is not mandatory

Umkomaas

But the only way to beat them on a PoFA failure is to get a Judge to tell them they've failed. Nothing you write to VCS will make any inroad into this. Save it for a Judge to help you.

You may well have to get your own head fully around PoFA, because even after 6 years of enactment, some Judges need to be led through it.