POFA / IAS appeal query

hap397

I am helping a friend with a PCN issued by UK Parking Limited.  The driver got a windscreen ticket as their ticket had expired (by about 10 mins).  There was a NTK sent which was then appealed as the registered keeper.  Unsurprisingly the appeal has been refused.

The NTK does not fully meet POFA but the operator only uses IAS for appeals.  

I'm aware that it's been stated that appeals to IAS are fruitless but would an appeal identifying the failure to properly use POFA to transfer across to the RK work in this situation?  

Fruitcake

Plan A is always for the keeper to complain to the landowner and their MP.

IAS appeals have about a 4% chance of winning. UP Parking Ltd appears to be a one man band and very rarely crops up on this forum so I suspect they are not particularly court happy.

The keeper could give an IAS appeal a try, but don't be surprised if the assessor says it is reasonable to assume that the keeper was the driver and reject it out of hand.

My personal opinion is to ignore anything and everything from now on unless the keeper receives a Letter of/before Claim or a real court claim and shop/visit somewhere else that isn't infested by a PPC.

Coupon-mad

Either is good.  Either try IAS and laugh either way (win or lose!) or IGNORE IT.

Anyway, in order to change the law and (hopefully) create a fairer regime that stops this litigation culture, the law is changing as we speak.  This is what I've been working on since 2020 with the DLUHC and others.  We sincerely hope that you are au fait with the need to respond to the final Government Public Consultation?

We all need to ram the nail in the coffin of the false £70 'DRA fee' add-on, that actually funds the court claim and toxic CCJ culture.  Please come back here when it opens.  If you are not a regular reader, to be alerted you'll need to bookmark the thread by MSE_JC at the top of the forum and enable (on your profile) email alerts for bookmarked threads.

The announcement & final update is expected this month from the DLUHC.

Please come back in a couple of weeks or in August if you can.

hap397

Thanks for your replies.

Still weighing up an IAS appeal but I do have a quick question please:

Does the operator need to reference all the relevant parts of POFA on the NTK or would something along the following lines be sufficient?

"If you fail to provide the driver's name and valid address and pass this notice to the driver and the amount remains outstanding after 28 days, the operator has the right to recover unpaid parking charges from the registered keeper in accordance with POFA 2012"

Does the above correctly transfer across to the RK? 

Umkomaas

hap397 said:

Thanks for your replies.

Still weighing up an IAS appeal but I do have a quick question please:

Does the operator need to reference all the relevant parts of POFA on the NTK or would something along the following lines be sufficient?

"If you fail to provide the driver's name and valid address and pass this notice to the driver and the amount remains outstanding after 28 days, the operator has the right to recover unpaid parking charges from the registered keeper in accordance with POFA 2012"

Does the above correctly transfer across to the RK? 

That's not a PoFA-compliant 'warning' to the RK. But it's unlikely to sway the IAS to find against their IPC member. 

Can we see a copy of the NtK (both sides), but please redact any personal data, your vehicle's VRM and any PPC reference numbers. Please leave all dates showing. 

hap397

Thanks. 

Hopefully this works...