Keeper liability question

Friend_of_someone

Hi there!

So, just a very simple and basic question. I received an invoice which I don't have to upload but if anyone wishes to see it, I can produce an image having covered the sensitive data. I am able to fight the ticket itself per the actual grounds, but I just need to know whether it is POFA-compliant on what I will explain. The parking company (can't remember who) names itself as creditor at top of invoice. A passage akin to most POFA-compliant invoices features on the invoice advising that the driver is required to pay the charge, and if after 28 days none is named or has denied liability, then they have the right to recover the outstanding amount from the driver. What the invoice does NOT do - front or back - is mention the words Protection of Freedoms Act 2012, let alone me being notified according to paragraph 9(2)(b) of what follows. Can it STILL be POFA-compliant if not citing POFA? Or do I need to come back tomorrow to show everybody the document?

Thanks

Friend_of_someone

Friend_of_someone said:

...after 28 days none is named or has denied liability, then they have the right to recover the outstanding amount from the driver.

Sorry, I meant they say FROM THE REGISTERED KEEPER

ChirpyChicken

Show the document is far easier then guessing 

Friend_of_someone

ChirpyChicken said:

Show the document is far easier then guessing 

Will do tomorrow. I'm not home as we speak. I don't mind either way because I know I won't have to pay this. Do I take it that it CAN be POFA-compliant without saying the magic words?

Umkomaas

Friend_of_someone said:

ChirpyChicken said:

Show the document is far easier then guessing 

Will do tomorrow. I'm not home as we speak. I don't mind either way because I know I won't have to pay this. Do I take it that it CAN be POFA-compliant without saying the magic words?

Unlikely, but until POPLA (if a BPA operator) or a Judge confirms, you're not much better off than you are now. Let's have a look please. 

Friend_of_someone

Thank you Umkomaas.

I'll be back tomorrow with an upload. 

Coupon-mad

Friend_of_someone said:

Hi there!

So, just a very simple and basic question. I received an invoice which I don't have to upload but if anyone wishes to see it, I can produce an image having covered the sensitive data. I am able to fight the ticket itself per the actual grounds, but I just need to know whether it is POFA-compliant on what I will explain.

The parking company (can't remember who) names itself as creditor at top of invoice. A passage akin to most POFA-compliant invoices features on the invoice advising that the driver is required to pay the charge, and if after 28 days none is named or has denied liability, then they have the right to recover the outstanding amount from the driver. 

What the invoice does NOT do - front or back - is mention the words Protection of Freedoms Act 2012, let alone me being notified according to paragraph 9(2)(b) of what follows. Can it STILL be POFA-compliant if not citing POFA? Or do I need to come back tomorrow to show everybody the document?

Why not just compare it to the NTK pictures thread (which I created to stop us being overwhelmed with pictures on threads, and as a resource for newbies)

But if you've quoted the bit in bold above properly then it's clearly non-PoFA as it says 'from the driver' rather than 'from the keeper'.

Friend_of_someone

Coupon-mad said:

But if you've quoted the bit in bold above properly then it's clearly non-PoFA as it says 'from the driver' rather than 'from the keeper'.

Well spotted. But that was a typing error. If you check the SECOND post of this thread, I corrected it. It does say "Registered Keeper" but I accidentally re-typed out "driver".

Coupon-mad

Compare it to the NTK pictures thread first though.

Kaizen2024

POFA does not stipulate that the act must be referred to.

Coupon-mad

Kaizen2024 said:

POFA does not stipulate that the act must be referred to.

Correct. We agree!