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Live cases legal advice => Private parking tickets => Topic started by: Anon8932 on August 21, 2025, 04:16:20 pm

Title: Re: Does this PCN fail PoFa 2012
Post by: Anon8932 on September 01, 2025, 11:17:14 am
Good news, appeal has been upheld by Park and Control and the PCN has been cancelled!

I appealed by telling them that their PCN never complied with pofa 2012.

I dont know if it helped but I also mentioned the 10 minute grace period.

This car park has a 90 min max stay and I stayed over it by 2 minutes and 50 seconds.

Thank you to everyone.
Title: Re: Does this PCN fail PoFa 2012
Post by: DWMB2 on August 21, 2025, 05:05:48 pm
So what youre saying is they are going to reject every appeal, even if I mention that they never complied with PoFA?
Still worth appealing, first to P&C and then to the IAS. Whilst the success rate at the IAS is very low, most of the small number of successful appeals I've seen have been cases like this where the notice was issued too late for PoFA compliance.
Title: Re: Does this PCN fail PoFa 2012
Post by: Anon8932 on August 21, 2025, 04:59:06 pm
I also want to add that the driver has already contacted the restaurant, where the customers use this car park. The restaurant eas not helpful, they said they dont own the car park and could do nothing to help.
Title: Re: Does this PCN fail PoFa 2012
Post by: Anon8932 on August 21, 2025, 04:50:26 pm
It is definitely not PoFA compliant. As long as the driver is not identified, they cannot hold the Keeper liable.

However, you are dealing with an IPC member which means that the only way this will be resolved is after they issue a county court claim which, when defended, will eventually either be struck out or discontinued.

So what youre saying is they are going to reject every appeal, even if I mention that they never complied with PoFA?

Looks like I'll be throwing away a lot of their garbage follow up letters, then.
Title: Re: Does this PCN fail PoFa 2012
Post by: b789 on August 21, 2025, 04:46:05 pm
It is definitely not PoFA compliant. As long as the driver is not identified, they cannot hold the Keeper liable.

However, you are dealing with an IPC member which means that the only way this will be resolved is after they issue a county court claim which, when defended, will eventually either be struck out or discontinued.
Title: Re: Does this PCN fail PoFa 2012
Post by: Anon8932 on August 21, 2025, 04:43:24 pm
If that's when it is issued then yes, they have not complied with the requirements of Schedule 4 of the Protection of Freedoms Act.

But rather than leaving us in the dark, why not show us the notice? At what stage you will resolve the matter largely depends on which parking company is involved.

Here you go. The parking company is called Park and Control.

Title: Re: Does this PCN fail PoFa 2012
Post by: DWMB2 on August 21, 2025, 04:24:20 pm
If that's when it is issued then yes, they have not complied with the requirements of Schedule 4 of the Protection of Freedoms Act.

But rather than leaving us in the dark, why not show us the notice? At what stage you will resolve the matter largely depends on which parking company is involved.
Title: Does this PCN fail PoFa 2012
Post by: Anon8932 on August 21, 2025, 04:16:20 pm
Received a PCN, they sent it me, as the keeper. There is no mention about PoFA 2012 on the letter, but I think they fail it.

The driver exited the car park on 30/07/25.

Date of Issue of Notice: 13/08/25

I believe they have failed to comply with PoFA. The letter could not have been delivered within 14 days.

Is this correct? Does this mean I should win the appeal?

Thank You.