POFA Compliance

BiliousGreen

Hi 

QQs if I can
1. Does a PCN have to tell a keeper that they are not legally obligated to name the driver in order to be POFA 2012 compliant and force keeper liability?
2. Does Gemini Parking Solutions normally use POFA?
3. Do they follow BPA guidelines for cancelling or redusing fines in the event of a single digit typo upon appeal?

Many thanks

B789

The PCN does not have to state that the RK is not legally required to name the driver. The only time an RK is legally obliged to name a driver is in a criminal case such as a police Notice of Intended Prosecution or any "authority" that has those powers. An ex-clamper thug operating an unregulated private parking company can't oblige anyone to "legally" name the driver in one of their speculative invoices.

As for 2 & 3, you'll have to wait for one of the other regulars with more experience of these scammers to answer.

BiliousGreen

Thanks the PCN says about naming the driver which implies pofa compliance but not sure what exactly they have to do or state to actuallly be compliant where they can enforce keeper liability under PoFA 2012. 

B789

You can show us a redacted picture. Make sure the all the dates are visible. Front and back.

BiliousGreen

Hi, I cant as its not my PCN, I am trying to help an eldery friend who is thinking of paying through sheer fear! 
My friend went to a car park an recalls entering a single digit wrong on the plate entry screen so has clear grounds to appeal right there. I am looking to see if the PCN also has to state its using PoFA explicitly to give her another ground as there was another potential driver but if they dont have to name the driver then there is that too. 
By dates I assume you are looking at the issue date of the PCN withe regards to the 14 days? Does it have to arrive within 14 days and if so do weekends count or only mon-fri. The offence happened on 1st Aug so when is the last day it could have arrived?

B789

BiliousGreen said:

By dates I assume you are looking at the issue date of the PCN withe regards to the 14 days? Does it have to arrive within 14 days and if so do weekends count or only mon-fri. The offence happened on 1st Aug so when is the last day it could have arrived?

You can still post a redacted picture of your friends PCN. If it is redacted, then it doesn't matter who it belongs to.

To comply with PoFA, the NtK needs to have been "deemed" delivered by day 14 of the date of the contravention. If the contravention occurred on the 1st August, the NtK must be "deemed" to have been delivered by the 15th August. The NtK therefore, needs to be dated 11th August of earlier. The NtK is "deemed" to to have been delivered 2 business days after the date on the NtK.

That is not the only requirement for PoFA though. THere has to be certain wording on the PCN/NtK itself.

Umkomaas

BiliousGreen said:

Hi 

QQs if I can
1. Does a PCN have to tell a keeper that they are not legally obligated to name the driver in order to be POFA 2012 compliant and force keeper liability?
2. Does Gemini Parking Solutions normally use POFA?
3. Do they follow BPA guidelines for cancelling or redusing fines in the event of a single digit typo upon appeal?

Many thanks

1. @B789 has answered that. 

2. Most PPCs now have compliant NtKs, but let's see a copy and we'll tell you - again, as per @B789's post
3. There's no hard and fast answer to give you on that. If it is a single digit minor keying error, they should, but until the initial appeal states that error to them, you'll never know. How are you sure it was such a minor keying error (proof)?

Coupon-mad

Never mind the POFA.  No game-playing.

No loophole-seeking.

I would simply appeal as admitted driver, stating that a minor keying error has been identified and asking Gemini to honour the DLUHC's incoming statutory Code of Practice which bans PCNs for keying errors, and to pay regard to Will Hurley of the IPC who urged AOS members to act reasonably and not marginalise elderly drivers for a single digit typo.

BiliousGreen

Looks like my friend followed my initial advice as per the newbie guide and the fine has been cancelled by the venue. Been told there was an admin fee which still hurts me, but better than them paying the £60 or £100 through fear. Thanks everyone.