Horizon POFA

horizonparking

hello
trying to get a straight answer out of the CAG forum is proving impossible , just such hard work
i would like to know if this notice to keeper complies with POFA and if not why not
some straight forward guidance on this would be appreciated
ive attached the back and front of the NTK

Le_Kirk

Best/Easiest way is to read it yourself and compare the PCN word for word against the original : -
http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

KeithP

You have shown us the front of that PCN - twice.
Now please show us the back of that PCN.

horizonparking

sorry here 

KeithP

No it is not capable of holding the keeper liable for any driver's alleged transgression.
The last sentence on the first page is a nonsense...


 If they don't know who the driver is, how on earth can they collect the unpaid amounts from the driver?

Le_Kirk

KeithP said:

No it is not capable of holding the keeper liable for any driver's alleged transgression.
The last sentence on the first page is a nonsense...


 If they don't know who the driver is, how on earth can they collect the unpaid amounts from the driver?

Oh dear, when will they ever learn - well we hope NEVER.

Coupon-mad

CAG are dreadful as a forum because, whilst those that run it have good intentions, the advice is just crap. Stay here.

That is flipping obviously non-POFA and if Erics Brother and co on CAG can't see that, then they shouldn't be 'advising' people.

Umkomaas

You've got this confirmed by MSE and PePiPoo now. It was only the last post on CAG by Lookinforinfo that got anywhere close to giving you the correct answer. 

 I would agree that the PCN fails. It is supposed to be a Notice to Keeper advising them that the driver breached the T&Cs and that if the driver does not pay  after 28 days then the keeper becomes liable for the alleged debt providing guidelines of PoFA have been adhered. The 

First the PCN has to state that they do not know the name of the driver and a current address for the service and invite the keeper to pay the charge or if they were not the driver to provide the driver details and pass on the PCN to the driver 

So to my way of thinking, until the 28 days have elapsed the liability to pay lies with the driver.

Yet the PCN is asking before the 28 days for the name of the driver [though not invited] so that the liability can be transferred to the driver!

Then it doesn't make clear that any unpaid amount is due by the keeper. It is worded badly and it is misleading.

Just get on with your initial appeal to Horizon. The one on PePiPoo will do fine.