CP Plus PCN - issued without invoking the Protection of Freedoms Act

uk_dbp

I received notice of an impending PCN for a hire car from the hire company. They sent me a copy of the PCN.

They named me as the Driver/Customer in their 3rd party authorisation letter that they sent back to CP Plus.

The alleged infringement took place on 7th June 2022 but the date of issue of the PCN to the hire company was 4th August 2022. It was for an alleged overstay at a retail park car park where there is a 45 min free period and then you have to pay for more time if you want to stay longer.

Having done some research into this and the POFA legislation I appealed this, using their online form, on the basis that they were well outside the POFA timeframe of 14 days for issuing PCN's as there had been no on screen notice as it was an ANPR system. At no time did I identify who the driver might have been.

I subsequently received the PCN myself, just a single double sided A4 sheet with the date time in info & photo and date time out info & photo on the front and how to pay/how to appeal info on the back. Nowhere on it does it say it is a Notice to Keeper, Notice to Hirer or anything like that.

From the research I have done it is not POFA compliant, and as the hirer I have received none of the extra info that I believe is supposed to have been included.

30 days after my appeal they eventually came back to me by email with the following reply:-

Dear Sir/Madam

Thank you for your correspondence relating to your Parking Charge, which was updated to xxxxxxxxxxxxx, the contents of which have been noted. 

The Charge in question was issued without invoking the Protection of Freedoms Act.  

In accordance with the DVLA and BPA rules, Charges can be issued up to seven months from the date of the parking contravention. 

Please forward to us the full name and address of the driver at the time this charge was incurred so that we can update our records accordingly.

We are placing this Charge on hold for 14 days from the date of this email to allow you to provide the details requested.

Yours faithfully,

I have done some more research including a lot of reading of the MSE forums and cannot find exactly this situation but is it right that they can choose not to rely on current legislation that is supposed to regulate private parking charges?

What do I do now, do I just need to ignore them as they have told me they are not reliant on POFA and aren't POFA compliant and as they don't know who the driver was they are not able to enforce anything or should I send them a follow up along the lines of I'm the keeper not the driver and I'm not naming the driver as I have the right not to and as you have forfeited keeper liability you should either cancel this charge or give me a POPLA code etc., etc.

Umkomaas

Wait for them to come back again with their rejection of your appeal and a POPLA code where this can be easily beaten. They may not even bother rejecting with POPLA code, and simply cancel the charge seeing that you are au fait with PoFA.

uk_dbp

Thanks Umkomaas, I'll reply to their appeal rejection stating I won't tell them who the driver was and as they aren't POFA compliant they have to either cancel or give me a POPLA code, hopefully they'll just fold and that'll be the end of it.

Coupon-mad

is it right that they can choose not to rely on current legislation that is supposed to regulate private parking charges?

Yep, they can.  CP Plus never use the POFA  (except in their rare windscreen PCN cases).

The NEWBIES thread explains this already, names CP Plus among those who don't bother and I explain there that they don't have to. Obviously this means you win easily at POPLA, as long as you DON'T say who was driving!

But you're quoting the wrong part of POFA, because the 14 days is irrelevant in a Hire car case.  The right part is explained in the NEWBIES thread section on hire/company cars.

uk_dbp

Thanks for the feedback Coupon-mad. I have read the newbies thread again and can't see much there related to CP Plus, other than they don't attempt to adhere to POFA, or to hire cars, which bit of POFA is it I need to be referencing?

Coupon-mad

"they don't attempt to adhere to POFA".

Correct.

You need to read the NEWBIES thread section on hire/company cars, at the end of the first post. That tells you the exact POFA section and rationale that wins your appeal.

Fruitcake

Await your PoPLA code then construct a draft appeal before posting it here for checking.
Use all the points available to you from the third post of the NEWBIES.
Your point one will be their failure to comply with paragraphs 13 and 14 of the PoFA because they will have failed to provide copies of the documents including the hire agreement prescribed by the PoFA.

uk_dbp

Thanks for all the feedback, having appealed the ticket in the grounds of not being compliant and stating I won't be naming the driver and you can't go after me as the keeper so give me a POPLA code or cancel, I have finally heard back from them today that the ticket is being cancelled, hoorah!!

uk_dbp

If it helps anyone else my appeal was pretty straight forward and to the point.

Dear Sirs,

Parking Charge Notice xxxxxxx, Vehicle Registration yyyyyyy

There will be no admissions as to who was driving and no assumptions can be drawn. I will not be naming the driver as is my right not to do so.

Your Notice to Keeper/Hirer is not compliant with Schedule 4 of the Protection of Freedoms Act 2012.

Additionally, since you have clearly stated that you are not relying on POFA you have therefore forfeited your right to keeper liability and you thus cannot pursue me as the keeper.

You must therefore either cancel the charge or offer me a POPLA code so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Your faithfully

Coupon-mad

Easy when you know how and the PCN is non-PoFA! Spread the word...