POFA Question

FingersLily

Hi,

I have a question regarding POFA. I’ve read the newbies thread & clicked the link to the POFA site & I just would like to clarify the 14 days postal notice requirement.

Apparently a parking contravention occurred on 1st October. The PCN is dated 13th October. It arrived in the post on 16th October.

Does this mean that, as it arrived 15 days after the contravention it’s too late? How does one prove it arrived late? Was there a postal strike in the last 2 weeks and, if there was, does that mean it’s not outside the timescale?

Thanks for your help

Umkomaas

Apparently a parking contravention occurred on 1st October. The PCN is dated 13th October. It arrived in the post on 16th October.

Does this mean that, as it arrived 15 days after the contravention it’s too late?

It is too late for the PPC to invoke keeper liability - it does not invalidate the charge. 

1/10 - parking event, day 0
2/10 - first counting day, day 1
9/10 - day 8
13/10 - NtK issue, day 12 (Thursday)
Presumed by PoFA to be delivered 2 working days later on Monday 17/10 - day 16 from the day following the parking event. 

Too late for keeper liability, but, to repeat, does not invalidate. 

FingersLily

That’s brilliant, thanks Umkomaas.

I’ve been searching through the forums & think it may be irrelevant anyway. The PCN is from Smart Parking. Am I right in thinking they don’t issue POFA compliant NTKs & there is a loophole with Smart Parking?

Apologies for the questions - I’ve read a couple of things that confused me.

Thanks again 

Coupon-mad

FingersLily said:

That’s brilliant, thanks Umkomaas.

I’ve been searching through the forums & think it may be irrelevant anyway. The PCN is from Smart Parking. Am I right in thinking they don’t issue POFA compliant NTKs & there is a loophole with Smart Parking?

Yes, correct.

The NEWBIES thread tells you this in the first post.  I even name Smart Parking as one that doesn't use the POFA wording and I explain why a keeper wins on appeal, to such a firm.

It's not a 'loophole' it is their active choice not to bother with POFA.

Their bad.

You win.

FingersLily

Thanks Coupon-mad. I did see that bit about Smart Parking. I was a little unsure because the blue text in the recommended reply doesn’t mention POFA anywhere so I did a search to see if I could find specific examples & wording.

I think I’m clear what I need to do.

I said ‘loophole’ because that was what another person was told in a similar situation but I accept it’s not that.

This forum & the people on here are brilliant. You’ve helped me in the past. I’m extremely grateful.

Umkomaas

If you haven't already sent in your initial appeal, just use the blue text template from the NEWBIES FAQ Announcement, first post, then add the following paragraph to it:

As your Parking Charge Notice does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4), you are, in law, unable to hold the registered keeper of the vehicle liable for the parking charge; I suggest therefore that you contact the driver. As there is no legal requirement placed on the registered keeper to identify the driver, I will not be doing so.'. 

FingersLily

Thanks Umkomaas. I found that wording in another thread so I’ve sent it off. Fingers crossed!

 I really appreciate your help with this 

Coupon-mad

 No need for crossed fingers.

These Smart Parking ones are as easy as pie as long as people come here in time, and don't shoot their toes off with a first appeal blabbing about who was driving.

Tell us when they give up and crawl back into the hole in the gutter from whence they came!

FingersLily

Thanks Coupon-mad. I will certainly let you know. I’ve had an acknowledgment but nothing more as yet