CEL - POFA challenge to POPLA if PCN doesn't mention POFA? RESULT - Parking charge CANCELLED!

Elpooh

JJJDec20 said:

Umkomaas said:

Please let us see your initial appeal - in full, to make sure you've put nothing to compromise your immunity as the keeper. 

Thanks for the advice - here is the appeal with key info/dates removed: 

I am the keeper of vehicle [xxreg] which has received your PCN notice [xxxx] issued on [xxdate] relating to an “incident” on [xxdate].

According the Protection of Freedoms Act 2012 Schedule 4, the right to claim unpaid parking charges from the keeper of vehicle only applies if the conditions specified in paragraphs 5, 6,11 and 12 (so far as applicable) are met.

Paragraph 6 (1) (b) requires a notice to keeper is given in accordance with paragraph 9.  Paragraph 9 states:

9(1)      A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1) (b) is given in accordance with this paragraph if the following requirements are met.

(4) (b)   The notice must be given by sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)        The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

 Contrary to Protection of Freedoms Act 2012 Schedule 4, paragraph (9), sub-paragraph (4) (b), Civil Enforcement Limited has failed to deliver the Notice to Keeper within the relevant period. The relevant period being 14 days, as defined in Schedule 4, paragraph 9, sub-paragraph (5). The letter issued on [xx date] refers to an “incident” on [xx date], which is [xx100+] days after the event and therefore not within the relevant period. 

 The requirement to adhere to the strict conditions of Protection of Freedoms Act 2012 Schedule 4 (and particular paragraph 9) is further set out in the BPA Approved Operator Scheme Code of Practice

 I require you to cancel this PCN and provide confirmation within 14 days of this appeal (by [xx Date]), in accordance with paragraph 23.8 of the BPA Code of Practice.

I am appealing a charge on the same grounds and it's good to know you were successful. If you're able to, please could you share the appeal you sent to POPLA, obviously without the personal and particular details?

Coupon-mad

They will have used the relevant standard POPLA appeal templates from post #3 of the NEWBIES thread including the non-POFA point. 

It's all there as a resource already.