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General discussion => The Flame Pit => Topic started by: Plywood-Enthusiast on January 15, 2026, 01:12:16 pm

Title: Re: idiots guide to what is a POFA 2012?
Post by: DWMB2 on January 15, 2026, 01:35:20 pm
Had 2 tickets cancelled because they were not pofa complaint
If one of those is the UKPC one you've posted today, I'm not sure we can say that was cancelled because it was not compliant with PoFA. You had a number of grounds of appeal in that case, and in my personal opinion lack of PoFA compliance was probably the weakest of them.

I'm not sure you'll find an idiots guide on here, but if you look through my posts (I appreciate it'd take quite a bit of browsing), you should find explanations of various specific failures - If I suggest that someone appeals a charge on the basis of a lack of PoFA compliance, I try to explain why, unless I'm advising someone who I know to already have a working knowledge of the legislation.

If you look in my signature below this post, you'll also find a link to the legislation in question. Parking charges are based on contracts formed between drivers who park in a private car park (with suitably contractual signage) and car park operators. In most cases, the operator has no idea who the driver is*, which would make it difficult to recover such charges. Schedule 4 of the Protection of Freedoms Act (2012) essentially creates a mechanism for private parking operators to recover unpaid parking charges from the keepers/hirers of vehicles. This legislation sets out certain requirements that a parking operator must fulfil if they wish to rely on the provisions of the legislation to do so. Some operators get it right, some get it wrong. Some get it more wrong than others. Some operators don't rely on PoFA at all.

* Prior to the introduction of PoFA, car park operators were allowed to clamp vehicles, and demand a ransom fee for the vehicle's release, which made it rather easier for operators to 'enforce' against drivers. The clamping sector was awash with poor practice, so another part of PoFA made such clamping a criminal offence.

Title: idiots guide to what is a POFA 2012?
Post by: Plywood-Enthusiast on January 15, 2026, 01:12:16 pm
Had 2 tickets cancelled because they were not pofa complaint, But I haven't got an explanation succiently what pofa 2012 is?

Are all private parking charges pofa non-compliant? OR can some be compliant? Is it just the choice of words they use? Theyre missing out on some verbage? Do they need to ask RK to identify the driver in a certain mannger?

I think on MSE I read that some parking companies have been able to comply with pofa and hold keeper liable.

Any existing articles/explanations to what POFA 2012 would be appreciated.