Failure to Pay Liability Pofa 2012

unknown_user22

Hi all,

Lost access to my old account.

Here goes.

Horizon Parking. 
Photos show car entery and exit time must be by ANPR.
No ticket on car.

A letter received in the post by 12 days of the parking charge issued to RK.

RK was not the driver.

No ticket was purchased
Parking used to Drop off passenger to a theatre/cafe stayed 40 minutes then left. 

Driver didn't know know it was private land (thought it was free parking on sundays) and you can only pay by phone so no ticket machines available . 1 hour stay is £1.60 but prices only available if you go online.
There is a sign upon entry but not where car was parked. There are signs around the car park but generally this car park is or was free.

Question is based on this wording on the letter can I argue the 28 days liability? 

"The RK details of this vehicle have been requested from the DVLA through reasonable cause criteria of pursuing an outstanding Parking Charge. As we (the creditor) do not know the drivers name or current postal address, you are now invited to either pay the charge, or if you were not he driver at the time, please provide us with the driver's full name and currently postal address using the contact details overleaf, within 28 days and pass this parking charge to them. This parking charge is given to you under Paragraph 9(2)f of schedule 4 of the POFA 2012 and is subject to our complying with the applicable conditions under schedule 4 of that act.


So I've read POFA here section 9 2 f
And will list it here below. I'm unsure about the ruling as I got the letter 12 days after the alleged breach.

warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver.

Many thanks

DE_612183

what date was the letter? It's not the date it arrived it's the date of assumed delivery based on the issue date...

unknown_user22

Issued 3 days earlier

Coupon-mad

Just to say, they probably did know it wasn't a council car park yet they stayed 40 minutes? That's not just dropping off a passenger. That's parking.

By the way, all car parks (and roads) not council-owned are private land.

Your driveway is private land. Your garden. Supermarkets, Cinemas, Center Parcs, hotels, gyms, shop and cafe parking bays are all private land. Amazes me people think the term has some special meaning or definition. It's just any land that isn't provided/owned by the Council. Literally everywhere off-street & some private roads too.

Just compare the first para on the back of the NTK with the NTK pictures thread. If it's a recent NTK, it's POFA compliant, I bet.

There could be an argument about lack of clear signs if they get evidence pics now, and/or if the change from a free car park was this Summer & there was inadequate notice of the change.

unknown_user22

Around the back at the leisure pool the council park is free on sundays so driver thought this was free it has been no issue for over a year, maybe there is new terms and conditions are now enforced.

Agree 40 minutes is classed as parking and was not intentional, driver can put their hands up to that but given the above, there's never been an issue parking here before and no ticket machines or inspectors parking was taken for granted.

It looks like 100% POFA compliant so not sure which angle to take.  

Coupon-mad

Signs, as I said in my last paragraph.

Car1980

Do you want to name the driver? 

If so, you can do so at any time up until proceedings are issued. After receiving a Letter Before Claim is a good time because it sends to parking company down a snake all the way back to square one.

unknown_user22

No not naming driver.

I'll go down the lack of clear signs route and hope this appeal is successful.

James_Poisson

I'll go down the lack of clear signs route and hope this appeal us successful. 

It won't be I guarantee it sorry, but in any case you would need dated photographic evidence. 

You cannot assume anything with parking these days it's a scammers paradise, comparing private land with council car parks is futile. 

unknown_user22

when can I appeal again?

Photos taken, also appealing of the grounds of paying customer on site (is a free car park if you are using facilities)

unknown_user22

ignore above you can do it around the 28 days mark.