Parking ticket from ocean appeal rejected

jawejawe

Ocean Parking have not issued this Notice to Keeper using POFA 2012, therefore the appellants claim regarding this is irrelevant to the issuing of this PCN.

24. The Notice to Keeper was issued through ANPR Cameras, therefore the liability of the charge is with the registered keeper of the vehicle. It is their responsibility to provide a Transfer of Liability (TOL) if they were not driving the vehicle at the time of the contravention.

 

25. The appellant, Miss, has been named as the registered keeper of the vehicle at the time of the contravention, by the DVLA.

26. There is no legal requirement for the registered keeper to name the driver of the vehicle at the time of the alleged contravention, however if this information is not supplied, we are unable to pursue the driver and the charge will remain in the appellants name, as the registered keeper of the vehicle.

 

27. The appellant, Miss, has been given ample opportunity to provide Ocean Parking with the driver’s details, if she was not driving this vehicle on the date of the contravention, however, she has failed to do so, and therefore the liability of the charge will remain with Miss S, as the registered keeper of this vehicle, at the time of the contravention.

 

28. It states in Section 22.8 of the BPA AOS Code of Practice ‘While we have an expectation that operators will seek to use the POFA legislation, it is appreciated that there will be occasions where this might not be possible. If a non-POFA Notice to Keeper is being issued it must be sent out as soon as possible and no later than 7 months after the original parking event’, the Notice to Keeper sent to miss, was issued thirteen days after the contravention occurred, this was therefore within the seven-month period in which we are required to issue a Notice to Keeper

 

29. It also states in Section 22.9 of the BPA AOS Code of Practice ‘You must post the parking charge notice to the keeper as soon as possible. Your target is to send the parking charge notice to the keeper of the vehicle no more than 14 days after receiving the keeper data from the DVLA’ as can be seen on the screenshot below, and the full screenshot of the history of this PCN enclosed within Section D, Ocean Parking received Miss s details from the DVLA on the 10 October 2023, the same day the Notice to Keeper was issued.

 

It also states in Section 22.10 of the BPA AOS Code of Practice ‘Your letter to the keeper should point out the details of the unauthorised parking event and ask for payment or request details of the driver. If you are not making use of the keeper liability provisions of POFA or you are unable to achieve the deadlines specified therein, your letter must not reference POFA or state that the keeper is liable’, as can be seen on the Notice to Keeper issued to Miss, enclosed within Section C, Ocean Parking have not issued this Notice to Keeper using POFA 2012, therefore the appellants claims regarding this are irrelevant to the issuing of the parking charge notice.

 

31. As Ocean Parking have not issued this Notice to Keeper using POFA 2012, the appellants claim, and these grounds of appeal, are irrelevant to the issuing of this PCN.

32. The Notice to Keeper issued to Miss is fully compliant with the BPA AOS Code of Practice, and therefore the appellants claims are unjustified and incorrect.

jawejawe

It was 2 parking ticket and the second reply from popla appeal is attacched.
please what is this BPA AOS Code of Practice they were using here?
The NTK sent to me does not have POFA but it is still late to get to me.
yes they agree it late but said they have 7months to issue me NTK.
Just wanted to know if I have a chance or not at this stage as what I belief before was that since it was late in getting to me then it does not complies with POFA, but now they were mentioning BPA AOS Code of Practice.
which I absolutely have no clue of.
And now to make matters worse, forum people are avoiding me now.

1505grandad

"27. The appellant, Miss, has been given ample opportunity to provide Ocean Parking with the driver’s details, if she was not driving this vehicle on the date of the contravention, however, she has failed to do so, and therefore the liability of the charge will remain with Miss S, as the registered keeper of this vehicle, at the time of the contravention."

"31. As Ocean Parking have not issued this Notice to Keeper using POFA 2012, the appellants claim, and these grounds of appeal, are irrelevant to the issuing of this PCN."

Unless I am wrong seems like a slam dunk win as keeper liability cannot therefore be transferred from driver under POFA 2012

jawejawe

Hi 1505grandad, thank you for this reply, 
please mind that they were claiming that they did not issue the PCN under POFA 2012  but with one BPA AOS Code of Practice.
That is what I am afraid of.

jawejawe

should I just disregard this BPA AOS Code and use your guidance in replying. thank you.

fisherjim

They are talking utter rubbish, they are trying to pull the wool over your eyes and POPLA!

They don't have to abide by the POFA that's true but if they don't they cannot hold the keeper liable, and so long as they don't know the identity of the driver they are stuffed as 1505Grandad has stated.

The BPA COP tells them that that to hold the keeper liable they must comply with POFA2012:

21.12 An effective ‘Notice to Keeper’ within the meaning of
POFA 2012, must meet the requirements of Schedule 4
of the Act. In particular:
• paragraphs 6 (1) (a) and 8 (2), if you have already given an
effective Notice to Driver at the time of the parking event
• paragraphs 6 (1) (b) and 9, if you have not given an
effective Notice to Driver.
21.13 You should see the relevant part of Schedule 4 of POFA
2012 to make sure you know:
• what contents you need to include in the Notice to
Keeper (paragraph 8(2) or 9(2))
• the methods of serving the Notice to Keeper
(paragraph 8(4) or 9(4))
• the deadlines by which the Notice to Keeper must be
served, which differ depending on whether or not a
Notice to Driver was issued first (paragraphs 8(5)
or 9(5))
• the evidence (if any) you must include with the
Notice to Keeper (paragraph 10)

Coupon-mad

Please show us both sides of the NTK.  Haven't seen a non-POFA Ocean Parking one.

KeithP

But you have hidden all the dates.
Please try again but show the dates.

fisherjim

Where are my teeth pulling pliers!

Coupon-mad

It is non-POFA wording though.