Period of Parking Definition on POFA 2012

harlequinade3

Hi guys!

I haven't had a legal claim through just yet but I believe one is coming. I'm preparing my defence as per the Newbies thread and will seek advice from here when it comes through.

For now, I just wanted some clarification about the period of parking definition in POFA. My NTK has a date and a picture of the empty car in an area requiring a permit.

Is the date of alleged contravention enough? In other PCNs from private companies I've had they've all had times of parking overstay but they were all in ticketed areas. Does the period need to include the time?

POFA 2012 says that all of Schedule 4 applies whether on permitted land or not, so do these have to match?

I've tracked through here before asking and I'm so sorry if this is confusing!

Thank you!

kryten3000

Paragraph 9(2)(a) requires a period of parking.  An issue date/time is not enough.

This is supported by:

Premier Parking Solutions v Shoebridge (I can't find the reference)
Premier Parking Solutions v Brennan (H6DP632H) - a persuasive appeal

Gr1pr

Pofa applies on relevant land,  if used

Pofa schedule 4 doesn't apply on non relevant land,  like airports, ports and railway land,  or land under statutory control 

Read this blog  too

https://www.contestorlegal.co.uk/blog-3/dont-let-parking-control-management-uk-limited-take-advantage-of-you

Coupon-mad

kryten3000 said:

Paragraph 9(2)(a) requires a period of parking.  An issue date/time is not enough.

This is supported by:

Premier Parking Solutions v Shoebridge (I can't find the reference)
Premier Parking Solutions v Brennan (H6DP632H) - a persuasive appeal

Yep these are both persuasive appeal cases that we have been sent by @troublemaker22 by email in 2024.  Only 'Brennan' made it into our BMPA  Dropbox resource but we do have both cases on Ian's email.