Another Parking Fine @ Wise Campus Bristol

Le_Kirk

Looking back, I found a case (Bargepole defended) from 2018 which the judge threw out as being Non-POFA.  Worth the OP looking at the initial paperwork, although UK-CPM might have changed their NTKs now.

Coupon-mad

Yes but the NTK is shown on this thread and is as crashingly obvious non-POFA in wording as you can hope to see!

suckyfish

Umkomaas said:

Now a claim is issued you can't transfer liability to the driver. As UKCPM NtKs almost certainly meet PoFA requirements these days, I'm afraid you're going to have to crack on with this yourself as they can hold the registered keeper liable. 

Umkomaas sent me this on August 15th, I double checked the NTK and I think he is correct that it did comply with POFA. The document used as an exhibit in my witness statement is not the NTK, that is the original PCN, I was sent a follow-up letter which arrived within the 28 days from the arrival of the original PCN letter. I can post up the document but I'm pretty sure it's POFA compliant, I went down this list https://www.parkingcowboys.co.uk/notice-to-keeper/ and it's all on there. 

suckyfish

Le_Kirk said:

Looking back, I found a case (Bargepole defended) from 2018 which the judge threw out as being Non-POFA.  Worth the OP looking at the initial paperwork, although UK-CPM might have changed their NTKs now.

That sounds promising! Any chance of a link?

suckyfish

Also I added in the extra bits Coupon-mad suggested in his post on page 3, if anyone facies taking a look I'd be super grateful?!

https://drive.google.com/file/d/1MKLn8ffftzOjxOq7BTYdaeda3l8hZHZg/view?usp=sharing

Coupon-mad

Where is the 100% slam dunk winning point? About the non POFA NTK and quoting the POFA SCH 4 to show that you are not liable?

You don't need to look at a 2018 thread.

You have your winning point right here on your thread already and I spelt out why it's non-POFA.  Although you will have to read schedule 4 and understand it (and be able to explain your lack of legal liability to the Judge) better than the poster who managed to lose an 'unloseable' case in court last month when she wasn't driving and also had a crashingly obvious non-POFA NTK.

BTW I am a lady.  I was the lady on the beach, on Channel 5's programme Parking Con? this month.

suckyfish

Apologies Coupon-mad, very rude of me to make assumptions, sorry.

You'll have to bear with me here because I'm more than a little overwhelmed/confused. Reading back through the thread, am I right in thinking the reason they've not complied with POFA is because 

"The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5))."

So because they added additional costs and inflated the charge on the NTK they've broken the rule above?

Coupon-mad

Nope.  Show us that NTK again please.  Hope I am not muddling your case with another UKCPM one...

Umkomaas

No, it's because they haven't complied with the Protection of Freedoms Act 2012 (Schedule 4) 9(2)(f) to hold the keeper liable. You perhaps need an eagle eye to spot it if you're not fully au fait with the nuances. This is what PoFA says:

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

Whereas if you check their NtK (that's the first letter you receive, not anything subsequent to it) they state they have the right to recover from 'the driver'. They are the key words that underscore their inability to hold the keeper liable. 

In general, UKCPM have their act together for PoFA compliance, but for some reason they adjusted their wording on your NtK, suggesting they know/knew that they couldn't pin this to the keeper.

Coupon-mad

Not sure why they did it but they did!  Maybe they sent it too late?