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  • FIRST POST
    • gaga18
    • By gaga18 3rd Dec 19, 1:59 PM
    • 1Posts
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    gaga18
    UK CPM - POFA Bound?!
    • #1
    • 3rd Dec 19, 1:59 PM
    UK CPM - POFA Bound?! 3rd Dec 19 at 1:59 PM
    Hi there,

    I have been reading through the threads for hours now (!) and cannot find the answer to what I hope is a simple question, so I would be very grateful indeed for any advice to help me know whether I can fight this ticket or not...

    I work for a company who is the Registered Keeper of a work van. One of our employees was issued a PCN from UK Car Park Management (CPM) who are part of the IPC.

    They sent the PCN 2.5 months after the alleged incident through the post only. NO windscreen ticket was left.

    I appealed this as the registered keeper (I did not give the drivers name). My appeal (sent regrettably before I had discovered this website/thread :-( ) stated that under the IPC terms and POFA12 they had 14 days in which to send the PCN to the Registered Keeper which they failed to do.

    They rejected the appeal and stated:
    "The vehicle was parked in a manner whereby the driver became liable for a Parking Charge Notice and therefore the Protection of Freedom Act 2012 is irrelevant and does not apply".

    IS THIS CORRECT?!?! I believe the IPC follows the POFA12 and they have therefore breached the IPC's terms?!

    We (the company) have now received a letter from Debt Recovery Plus asking for the money or they will recommend court action is taken against us.

    I have started writing a complaint to the DVLA and IPC as I have read in the threads to do this when terms are breached but I want to make sure I am doing the correct thing or is there another route I should follow please??

    Thank you eternally in advance for any help that can be offered.
Page 1
    • Umkomaas
    • By Umkomaas 3rd Dec 19, 2:05 PM
    • 26,044 Posts
    • 42,361 Thanks
    Umkomaas
    • #2
    • 3rd Dec 19, 2:05 PM
    • #2
    • 3rd Dec 19, 2:05 PM
    PoFA only applies if they wish to pursue the keeper.

    They will probably argue that on the 'balance of probabilities' the keeper and driver are one and the same person. You'll need to persuade a Judge that they are not.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask.
    Give a man a fish, and you feed him for a day;
    show him how to catch fish, and you feed him for a lifetime.
    • The Slithy Tove
    • By The Slithy Tove 3rd Dec 19, 2:16 PM
    • 3,667 Posts
    • 5,512 Thanks
    The Slithy Tove
    • #3
    • 3rd Dec 19, 2:16 PM
    • #3
    • 3rd Dec 19, 2:16 PM
    They rejected the appeal and stated:
    "The vehicle was parked in a manner whereby the driver became liable for a Parking Charge Notice and therefore the Protection of Freedom Act 2012 is irrelevant and does not apply".
    Originally posted by gaga18
    They are correct in saying that the driver is liable (if anyone is), and not using POFA reinforces that fact: they are not trying to lay liability with the keeper.

    And despite what Umkomaas says
    They will probably argue that on the 'balance of probabilities' the keeper and driver are one and the same person. You'll need to persuade a Judge that they are not.
    Originally posted by Umkomaas
    it's impossible for a company to be the driver.
    • Coupon-mad
    • By Coupon-mad 3rd Dec 19, 4:23 PM
    • 79,154 Posts
    • 93,009 Thanks
    Coupon-mad
    • #4
    • 3rd Dec 19, 4:23 PM
    • #4
    • 3rd Dec 19, 4:23 PM
    I believe the IPC follows the POFA12 and they have therefore breached the IPC's terms?!
    No because using the POFA is just one route, and it's not mandatory. They can pursue the driver, or they might use CPS v AJH Films to say the driver was acting on behalf of the company on a principal/agent basis.
    We (the company) have now received a letter from Debt Recovery Plus asking for the money or they will recommend court action is taken against us.
    Ignore that of course! You know that from the NEWBIES thread post #4.

    If the driver was not acting on behalf of the company and was just using the vehicle in their own time, then I would write a strong letter to UKCPM (not DRP) now, stating that fact and invoicing them 25 per letter from now on, and telling them that by proceeding any further - including allowing a debt collector or solicitor to write to the company - despite not using the POFA and knowing the driver was not acting on the company's behalf, they are accepting your terms of business and costs for handling each letter, and additional costs will be due if they try a court claim.

    Attach an invoice on headed notepaper each time and tell them 'this is a debt due to terms accepted by conduct'.

    Then when Gladstones write, send them an invoice summary with dates and details and a total and tell them this is the sum owed by their client due to agreeing to your terms, despite knowing they could not hold the company liable for their spurious charge, as far back as December 2019.

    Start this process now.
    Last edited by Coupon-mad; 03-12-2019 at 4:26 PM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
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