POFA

Surranrider

Hi all,

I am the registered keeper of a vehicle referenced in a PCN, however I was not the driver at the time of the alleged incident. 

I read in this forum that under POFA that I should receive the PCN within 14 days. I did not receive it within 14 days so I submitted an appeal and declined to name the driver. 

They have advised that responded to my appeal and have cancelled the fine as a ‘goodwill gesture” but have stated 

‘Regarding the timeframe you have referred to, this only relates to a PCN that has been issued under the Protection of

Freedoms Act (POFA) 2012. This PCN has not been issued under this Act, and therefore the timeframe you have referred to is not applicable in this instance.

Please note that the PCN has been issued in line with the guidelines set out by the British Parking Association (BPA) for issuing a Non-POFA PCN, and the timeframes differ to those set out in POFA 2012.

We would like to make you aware that this PCN was issued in accordance with the BPA Code of Practice, which requires that we issue a postal PCN within 14 days of receiving keeper details from the DVLA.’

Im just wondering if the POFA guidance on here is outdated? 

Gr1pr

No , definitely not outdated,  the law is the law, never been amended   ( for England and Wales at the moment   )

A private parking company can choose to not bother with Pofa2012 and pursue the keeper for drivers details or will assume that the keeper was also the driver and proceed on that basis 

If they choose to not bother to comply with Pofa then as keeper you had no liability,  hence why you appealed on that basis and caught them out so they were a bit miffed at being found out 

FYI, they had 6 months to obtain keeper details and one month to get the pcn to the keeper,  nothing to do with pofa 

You had notp keeper liability and told them so, meaning that because they didn't find out who was driving,  they dropped it 

Coupon-mad

Surranrider said:

Hi all,

I am the registered keeper of a vehicle referenced in a PCN, however I was not the driver at the time of the alleged incident. 

I read in this forum that under POFA that I should receive the PCN within 14 days. I did not receive it within 14 days so I submitted an appeal and declined to name the driver. 

They have advised that responded to my appeal and have cancelled the fine as a ‘goodwill gesture” but have stated 

‘Regarding the timeframe you have referred to, this only relates to a PCN that has been issued under the Protection of

Freedoms Act (POFA) 2012. This PCN has not been issued under this Act, and therefore the timeframe you have referred to is not applicable in this instance.

Please note that the PCN has been issued in line with the guidelines set out by the British Parking Association (BPA) for issuing a Non-POFA PCN, and the timeframes differ to those set out in POFA 2012.

We would like to make you aware that this PCN was issued in accordance with the BPA Code of Practice, which requires that we issue a postal PCN within 14 days of receiving keeper details from the DVLA.’

Im just wondering if the POFA guidance on here is outdated? 

No it's not out of date.

  

They've admitted it's a non POFA NTK. What does that mean for you? Re-read the guidance.

Think about it: you know what this means...!