POFA 2012 Section 9, Schedule 4, paragraph 8, section 4 has changed? Now says 28 days instead of 14

ChraceDK

I have an alleged infringement on 18/12/2021 by NPR which I received a letter from Civil Enforcement on 05/01/2022. Issue date was 28/12/2012 but the letter only arrived on Jan 5th so beyond the 14 days. I have thus appealed but the appeal has been unsuccessful, so was about to send it off to POPLA.

Checking up on the POFA 2012 it seems the regulation has now changed drastically from 14 days to 28 days? www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

But I can't see when it got changed - how do you find revision history?

Also note the recommendation on MSE found here www.moneysavingexpert.com/reclaim/private-parking-tickets/#section-route1 is no longer valid as it states the 14 day part as a hard cut-off in the examples.

On a side note, they are stating the unsuccessful appeal is because of BPA Code of Practice paragraph 22.8 giving them 7 months after the original parking event to act. But if they are in breach of POFA 2012 then this is null and void, right?

ChraceDK

Also note that (as far as I read it) the burden of proof has changed in the revised POFA schedule. It now states that arrival can be assumed to be 2 working days from dispatch meaning you have to prove it arrived late rather than them proving it didn't.

fisherjim

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)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.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

ChraceDK

Have you followed my link above or copy/pasted from existing local text?

The text you have posted is what I saw when I looked at it on 5-6 January. Today it seems to be different. Unless I am a complete muppet and looking at the wrong place - which I would very much welcome.

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)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 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

ChraceDK

On another note, has anyone had success with asking the parking company of proof of postage?

The letter I received had an issue date of 28/12/2021 which, if posted same day, would mean assumed arrival 31/12/2021. As it happened the letter arrived 05/01/2021 but has no date stamp on envelope. It was a Whistl delivery.

Le_Kirk

You are looking at the difference between (NTD) Notice to Driver Section 7 and (NTK) Notice to Keeper Section 9.

ChraceDK

Oh for flips sake... IGNORE ME AND DELETE THIS THREAD.

I was looking at paragraph 8 rather than paragraph 9.

Redx

POFA is not mandatory , so not complying means nothing of the sort

If a Claimant wishes to not comply with POFA ( which many don't ) the 7 months applies , 6 months to get the keeper details and one month to get it to the keeper

Nothing voids an invoice or makes it null and void

ChraceDK

Redx said:

POFA is not mandatory , so not complying means nothing of the sort

If a Claimant wishes to not comply with POFA ( which many don't ) the 7 months applies , 6 months to get the keeper details and one month to get it to the keeper

Nothing voids an invoice or makes it null and void

On the initial PCN (and the follow-up) the first line of small print states "This notice is issued under Schedule 4 of the Protection of Freedoms Act 2012."

So I would take that as they have chosen to comply which includes a 14 day notice period.

I'm trying to figure out how to put the burden of proof on to them for date of postage. Issue date is 28/12 but the letter only arrived 05/01. I suspect it was sent 03/01 but cannot prove this since envelope has no date information.

As such it is currently my word against theirs.

Redx

Exactly , but the regulations state that a letter is deemed to be delivered after 2 days , so I doubt that CEL , or Popla , or a judge would give credence to your submissions that it failed POFA timescales

You were looking for a quick get out , there isn't one , which is why we recommend plan A , before plans B & C

Umkomaas

Deemed delivered 30 December, day 12. Hard to prove otherwise, the Limitations Act works both ways. You might want to question the fact that 28/12 was a Bank Holiday in lieu of Boxing Day (was anyone at CEL working that day?), but I fear you could be chasing shadows. 

Does the NtK have the correct and accurate wording required by PoFA?