Is this UKPS Parking Charge Notice non-compliant with POFA 2012?

gizmo2501

Hi all,

I would really appreciate if anyone can advise on this. Never had a parking ticket before, so not entirely sure if I am correct.

I got 2 tickets (1 week followed by the next) from UKPS via post (no windscreen ticket).

I made an error in parking at the location, thinking the cameras were not being used at the time due to a faulty "put your number plate in" machine (based on what staff at the location told me). Probably shouldn't have taken the risk, but I did, thinking they were correct. So technically I am at fault, although feel a bit annoyed as I was told I would be able to.

Before I found this forum, I argued that point with the first appeal, which was - obviously - rejected. (FYI, I never admitted I was the driver. I always used language saying I am the owner but will not state driver, etc.)

I have since found this forum, and have been through the posts, and it seems I could still argue this via IAS for non-compliance with POFA 2012.

Would you agree that this is non-compliant for the following reasons:-

NTK does not comply with PoFA 2012 Schedule 4 Section 9:-

 1. Schedule 4 Section 9 (2) (a) requires the NTK "specify... the period of parking to which the notice relates".
 NTK does NOT state a period of parking. NTK says "the incident happened in the period of time immediately preceding 27/03/2025 at 12:36". This is not a period of parking. A period of parking must be stated. "Time immediately preceding" is NOT a valid period of time. Further, the 'Period of Parking' cannot be that which is "immediately PRECEDING 27/03/2025 at 12:36".
 
 NTK does not - at any point - invite the Keeper to pay the unpaid parking charges.

2. Schedule 4 Section 9 (2) (e) requires that the NTK "...invite the keeper—(i)to pay the unpaid parking charges".

I understand I can probably ignore, but I would rather at least try IAS on these grounds, so they can tell UKPS "no", and I don't have to worry about them coming after me for the next 6 years.

Appreciate anyone's thoughts with this!

Many thanks.

gizmo2501

To clarify, I have been through the newbie posts, and the 2 related to UKPS. I just wanted to clarify where their letters are not compliant, as I wasn't totally clear based on the posts I found.

Thanks again!

ChirpyChicken

just ignore UKPS

Coupon-mad

Agreed.

The IAS don't uphold appeals based on the POFA. Because the IAS and IPC are connected and all these names are owned by Will Hurley Ltd, appealing to the IAS is pointless.

kryten3000

The IAS will say that in the absence of a transfer of liability, their member can "presume" that the keeper was the driver. 

WillH doesn't think that a keeper has any reason not to name the driver, but this POFA failure is why you don't say anything.  

ChirpyChicken

kryten3000 said:

The IAS will say that in the absence of a transfer of liability, their member can "presume" that the keeper was the driver. 

WillH doesn't think that a keeper has any reason not to name the driver, but this POFA failure is why you don't say anything.  

And we know how independent the IAS is......

gizmo2501

Oh right, I see. Wow, so it's all really scummy.

So it doesn't matter that I already did an appeal? Just ignore whatever comes back from them after this point.

I am assuming they will eventually go the next routes, more demands, eventual court routes, etc.

If it does end up going to Small Claims, is your take that this letter is not POFA compliant, so that would be my Small Claims defence?

Just want to get my plan ready if that should happen.

Appreciate all your help!

gizmo2501

For what it's worth, their CCTV clearly shows my face, so I would technically be identifiable. I am just relying on a technical reason to not pay it at this point.

ChirpyChicken

The fact you appealed rules out using pofa
No your not relying on a technical reason at all. Your don't need to pay a penny. End of.

gizmo2501

ChirpyChicken said:

The fact you appealed rules out using pofa
No your not relying on a technical reason at all. Your don't need to pay a penny. End of.

Okay, cool. Thank you for the clarification! I appreciate your help.