POFA Compliant?

Mitsuhirato

Hello, I have read the NEWBIES thread but am still confused as to whether a notice is POFA compliant. The notice was issued within 14 days of the alleged event, but there is no specific reference to POFA. Would I continue to send the standard appeals template, or something for POFA? Thank you.

The company is National Parking Control.

Le_Kirk

The wording is that it must be served not just issued, the rules state that anything posted first class is deemed delivered two working days later. In the NEWBIE there is a link to the POFA wording,  have you checked your PCN word for word against the official words?

Umkomaas

Scan a copy (both sides) and post them here. Redact personal details, but leave all dates showing please. 

Mitsuhirato

There is no mention of "serve" on the notice. It appears to meet the requirements under s9 (2) but I cannot find the reference to exact wording.

Mitsuhirato

Notice attached

Le_Kirk

When you read the NEWBIE sticky, did you see this: - 

Want to dig deeper? Check the compliance of your Notice to Keeper, if the PPC is citing 'keeper liability' under the POFA. Here's a link to Schedule 4 of POFA 2012 which applies in England/Wales only (look for the words shown in paragraph 8 if it's a 'windscreen ticket followed by a NTK', or the words in paragraph 9 if it's a postal PCN only):  

Click on the link following that text.

Umkomaas

PoFA compliant. 

B789

Maybe I'm being too pedantic, however:

• 9(2)(c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;
  

Also, the PCN has a contradiction here:

• A Parking Charge Notice (Notice to Driver) was not affixed to the windscreen of the vehicle at the Time of Issue. This charge relates to the period of parking that immediately preceded the issue of THAT Notice, the charge having been incurred as stated above... blah blah.

So, PCN was NOT affixed but charges relate to period immediately preceding the issue of THAT notice...

Whilst the actual wording relating to keeper liability is correct, technically, the issue fails POFA because of the contradictory wording as highlighted above AND does NOT relate to the "end of that period".

 I will wind my neck in if I'm wrong and I stand by to be corrected by the experts.

Coupon-mad

You are not wrong.  But try convincing a Judge!