Is my understanding of this Non POFA PCN correct?

PocketD

I hope someone can confirm I understand the situation correctly please?

I am the registered keeper of a car that has received a PCN from NCP for a railway station car park.  The incident was 5th May 2023 and the Date of Sending was 12th July 2023 (68 days later). 

There is no mention of POFA (presumably as it is so late they cannot use POFA).  This was an ANPR so they have pictures of the incident but does not show who the driver was. 

The letter says

'At the time of this notice we do not know both the name of the driver and a current address for service for the driver and as the registered keeper of the vehicle YOU ARE NOW INVITED TO 
i   Pay the unpaid Parking Charge 
ii  if you were not the driver to notify us of the name of the driver etc.'

As I understand it, I am under no obligation to identify the driver and as the keeper I am not liable under POFA (as this in not POFA compliant) and can request that the PCN be cancelled via the NCP's appeal process.  If they reject the process I can request a POPLA code.

Thanks in advance if anyone is able to confirm I have understood this correctly.  

Umkomaas

Is the vehicle yours, or is it a company, lease or hire vehicle?  If the former, the dates' gap make it not compliant with PoFA. 

Coupon-mad

Very easy to win!

PocketD

Yes it's my car, not a lease or hire car.  

Ok thanks, I will start with the first appeal then!

PocketD

For this initial appeal, does anyone have any comments on this (wanted to check I wasn't missing anything obvious)....

"As your Parking Charge Notice CCmmnnnnn was issued 68 days after the alleged incident, this 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.

I respectfully request that this parking charge notice be cancelled and that you remove my personal information from your database(s).  I await your decision."

KeithP

That looks good but I'd change the last word to 'confirmation'.

PocketD

Cheers Keith

PocketD

And 15 minutes later I get this email reply.......

"Thank you for your correspondence in relation to the above case.

We are writing to let you know that we have reviewed the circumstances of this case and have decided to accept your representation. The Parking Charge Notice (PCN) has been cancelled.

Please note that this decision is for this contravention only and should not be considered in relation to any PCNs, which may be issued in the future.

This case is now closed and no further action will be taken."

Yay!!  Much appreciate your help. 

For information, a ticket had been bought for this but the driver had stayed a little longer than pre-payment allowed.  Cheers.  

Coupon-mad

PocketD said:

And 15 minutes later I get this email reply.......

"Thank you for your correspondence in relation to the above case.

We are writing to let you know that we have reviewed the circumstances of this case and have decided to accept your representation. The Parking Charge Notice (PCN) has been cancelled.

Please note that this decision is for this contravention only and should not be considered in relation to any PCNs, which may be issued in the future.

This case is now closed and no further action will be taken."

Yay!!  Much appreciate your help. 

For information, a ticket had been bought for this but the driver had stayed a little longer than pre-payment allowed.  Cheers.  

That must be a new speed record!

Could you please show a photo of this non-POFA NTK as I want to show an influential person what a recent non-PoFA one looks like.

Both sides please but of course cover your name/address and VRM. Please leave all dates visible.

B789

I doubt NCP mentioned PoFA in their NtK. The OP has mentioned that because the NtK was issued outside of the PoFA requirement but if they were not relying on PoFA in the first place, especially as this was non-relevant land anyway, it doesn't really matter.

As usual, it is a punt from NCP that they get a gullible victim who just pays up. In this case, they immediately realised they would be better off chasing someone less likely to have read the MSE parking forums.

PocketD

Coupon-mad said:

PocketD said:

And 15 minutes later I get this email reply.......

"Thank you for your correspondence in relation to the above case.

We are writing to let you know that we have reviewed the circumstances of this case and have decided to accept your representation. The Parking Charge Notice (PCN) has been cancelled.

Please note that this decision is for this contravention only and should not be considered in relation to any PCNs, which may be issued in the future.

This case is now closed and no further action will be taken."

Yay!!  Much appreciate your help. 

For information, a ticket had been bought for this but the driver had stayed a little longer than pre-payment allowed.  Cheers.  

That must be a new speed record!

Could you please show a photo of this non-POFA NTK as I want to show an influential person what a recent non-PoFA one looks like.

Both sides please but of course cover your name/address and VRM. Please leave all dates visible.

Yes @Coupon-mad, please see below - hope this helps.