Why is this APCOA NTK not POFA compliant?

smelwin59

I received this NTK.

I'm planning to appeal tomorrow morning on the basis that 

1) wording is not POFA complaint (please help me understand why. So far I think it's because it doesn't say POFA on the notice maybe I'm crazy. Everywhere I've seen people say that apcoa postal NTK are never POFA compliant, pls explain).


2) Airport byelaws invalidate POFA keeper liability (again, I'm unsure as Manchester Airport byelaws make no mention of parking in them, probably intentionally, so I think that's not a good defense as POFA para 3(3) says something to the effect that the byelaws have to impose a liability on parking in general. There is a thread somewhere where an airport appeal was rejected on that basis.


3) Grace period. The car was in there for less than 5 minutes. I'm not sure how this works but I'm guessing as a BPA member association they have to comply with the BPA handbook. Also I'm not sure if/how grace periods are affected by it being a drop off zone.


and I will try to add more generic points.

Thanks for your help





 

Coupon-mad

They've never used the POFA. You can see it doesn't state what para 9 of Sch4 says a POFA NTK 'must' state. That's easy to see.

Just use the appeal in the Heathrow Gatwick Airport Drop off group thread. You can't lose.

DjangoUnchained

Is there a reason apcoa don't use pofa compliant notices? 

ChirpyChicken

DjangoUnchained said:

Is there a reason apcoa don't use pofa compliant notices? 

For non airport sites that is an interesting question.
Easier not to!

doubledotcom

They can't use PoFA because PoFA does not apply to land under statutory control. If they tried to use PoFA, they'd be in breach of the PPSCoP section 8.1.1(d) which states:

The parking operator must not serve a notice which in its design and/or language: state the keeper is liable under the Protection of Freedoms Act 2012 where they cannot be held liable.

If they do that, then they are in breach of the DVLA KADOE contract and risk being sanctioned and even losing DVLA access to Keeper data.

DjangoUnchained

doubledotcom said:

They can't use PoFA because PoFA does not apply to land under statutory control. If they tried to use PoFA, they'd be in breach of the PPSCoP section 8.1.1(d) which states:

The parking operator must not serve a notice which in its design and/or language: state the keeper is liable under the Protection of Freedoms Act 2012 where they cannot be held liable.

If they do that, then they are in breach of the DVLA KADOE contract and risk being sanctioned and even losing DVLA access to Keeper data.

i was refering to land not under statutary control ie,  normal car parks not airport or train.

ChirpyChicken

DjangoUnchained said:

doubledotcom said:

They can't use PoFA because PoFA does not apply to land under statutory control. If they tried to use PoFA, they'd be in breach of the PPSCoP section 8.1.1(d) which states:

The parking operator must not serve a notice which in its design and/or language: state the keeper is liable under the Protection of Freedoms Act 2012 where they cannot be held liable.

If they do that, then they are in breach of the DVLA KADOE contract and risk being sanctioned and even losing DVLA access to Keeper data.

i was refering to land not under statutary control ie,  normal car parks not airport or train.

It is just easier for some parking firms not to bother

Coupon-mad

Yep, far easier: no 14 days requirement to serve the NTK quickly and they can word their NTKs freely.

doubledotcom

And the majority of the recipients of these PCNs have no idea about PoFA or their rights and either pay at the mugs discount rate or pay up after initial appeal.

It costs them money to chase payment of a PCN and the trough is so full anyway, why bother over the crumbs.

DjangoUnchained

Coupon-mad said:

Yep, far easier: no 14 days requirement to serve the NTK quickly and they can word their NTKs freely.

am i naive for thinking it makes it very easy for everyone to beat, knowing this>

Umkomaas

DjangoUnchained said:

Coupon-mad said:

Yep, far easier: no 14 days requirement to serve the NTK quickly and they can word their NTKs freely.

am i naive for thinking it makes it very easy for everyone to beat, knowing this>

Even easier! 😄