Pofa v non pofa

GLE4me

Hi, another ANPR PCN charge question. 
I have recently received a PCN to keeper from NCP for non payment at the Gatwick drop off. (I'm the Registered keeper). 
The offence date on the letter states 13/09/23 and the date of sending on the letter they have put 06/11/23. (Recieved today 08/11/23). Clearly this is outside the PoFA 14 day limit.
I understand that if it is non PoFA then they have 7 months. So how do I know which one they have used? On the back of the letter it states they have obtained my name and address as the RK from DLVA which leads me to assume they are using the PoFA standard. If so then they have breached the 14 day delivery?
It this worth contesting of just pay the reduced £15 charge?

Coupon-mad

Worth contesting because you can't lose as long as you appeal as registered keeper.

DO NOT TICK DRIVER.

This is 100% win because the PoFA doesn't apply at Airports.

The Appeal to send online as keeper:

I have seen no evidence of a contravention and liability is denied.

As your Parking Charge Notice 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.

Therefore, I suggest 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 require you to cancel the parking charge and remove my personal information from your database.  You can't win at POPLA.

nuoretrapparit

I have a similar letter and plan to respond in a similar way. There's no danger of NCP referring to it as 'stopping' and not parking? Surely it can't be this easy?

KeithP

nuoretrapparit said:

Surely it can't be this easy?

I can think of one easy way to find out.
Please report back when you have the answer. 

PCNDummy

A question pls

Where am I supposed to send this?
What does it mean to send as akeeper
Apologies for asking such a basic questions but I really don’t understand.
thanks for helping 

Coupon-mad

You send it online as an appeal to the parking firm,  as shown on your PCN. 

Tick 'registered keeper' if it asks.

DO NOT TICK DRIVER.

PCNDummy

Thank you!
I hope I didn’t miss anything. I copied the prescribed text as keeper .

nuoretrapparit

KeithP said:

nuoretrapparit said:

Surely it can't be this easy?

I can think of one easy way to find out.
Please report back when you have the answer. 

I am about to appeal with this text as the registered keeper. One thing is worrying me though - as PCN supplied a picture of the car with the windscreen blanked out, could they not attempt to use this in court to identify the driver?

Umkomaas

nuoretrapparit said:

KeithP said:

nuoretrapparit said:

Surely it can't be this easy?

I can think of one easy way to find out.
Please report back when you have the answer. 

I am about to appeal with this text as the registered keeper. One thing is worrying me though - as PCN supplied a picture of the car with the windscreen blanked out, could they not attempt to use this in court to identify the driver?

Nope. ANPR is to be used only for identifying VRMs. 

nuoretrapparit

As the registered keeper, I now have two of these letters for two separate incidents. Would this affect a potential defence, or is the non-POFA non-requirement (poorly worded, but you get what I mean) applicable regardless of the number of times

Not_A_Hope

If the second one is also non POFA you go through exactly the same process and they will lose again. Some companies are just so lazy and stupid