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      • 33 replies

Does this notice comply with the POFA?


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we cant tell you sadly

as you removed just about everything that plays a part in pofa.

 

please complete the relevant section of this sticky.

Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group

 

and post up to one multipage PDF  bothsides of the PCN/NTK

 

the only things you need to redacted are

your pers details,

barcodes,

reg numbers

ref numbers

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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all i have redacted are the personal details, photos of the car, parking charge details and then entrance and exit time

i have left the entire wording, however i have uploaded the back of pcn and front of it again

So now the whole document is up

please can someone tell if this complies with POFa or not

frontofpcn.pdf backofpcn.pdf

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questionnaire please.

we still done know where this happened.

 

there is not such thing as a limit of 0 mins or even 30mins free parking time

the council will never have stipulated such a short parking period when granting planning permission.

 

that makes the issue of POFA immaterial even if there was an issue , which appears not.

but you most certainly do not appeal anyway even if there were one.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok let me put it another way

 

I haven't asked about the parking event or anything that happened during the event

 

What I am simply asking here is this particular notice POFA Compliant or not ,

does it meet the conditions for keeper liability or not?

 

( i should i wasnt the driver  -hence why i am asking about the wording)

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to what end is this useful if it's not pofa compliant?

 

53 minutes ago, dx100uk said:

that makes the issue of POFA immaterial even if there was an issue , which appears not.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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6 minutes ago, dx100uk said:

to what end is this useful if it's not pofa compliant?

 

 

simple

when Horizon are challenged  if its not POFA and I appeal as the keeper challenging non compliance they will withdraw

So can one of the knowledgeable people let me know if its POFA or NON POFA, much appreciated

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11 minutes ago, horizonparking1 said:

simple

when Horizon are challenged  if its not POFA and I appeal as the keeper challenging non compliance they will withdraw

 

You're joking, aren't you?

 

Horizon and similar companies never, ever accept appeals - ever.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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5 minutes ago, FTMDave said:

 

You're joking, aren't you?

 

Horizon and similar companies never, ever accept appeals - ever.

Sorry that simply isnt true, horizon have always cancelled their non pofa notices when ive appealed them in the past, but ive noticed a change in wording so wanted to check

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save it for if or when they issue a letter of claim.

do fire any useful arrows earlier than is necessary if at all.

 

never appeal fullstop!

 

now start doing your homework on planning permission

 

i believe though you still refuse to tell us

this is a very famous carpark in southend?

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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1 hour ago, dx100uk said:

that makes the issue of POFA immaterial even if there was an issue , which appears not.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If as you claim, you have had success with these cowboys cancelling parking charges before when challenged on POFA, just do as you have done before with this one and see if they cancel it.

Do you have a letter from them you could share with the group, where they cancelled a previous charge, as it would be interesting to see. 

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5th time...it appears to me it does.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well, you've pushed me to read all of the POFA sections on private parking, something I should have done before, and I agree with dx.

 

However, as miley_b ob says, examples of Horizon accepting appeals would be very useful to the forum, our experience is that the PPCs always refuse appeals.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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well it looks like people are wrong here and i am confused as why i took so long to get a simple answer (and just beating around the bush) and as per PP they normally cancel on first appeal when challange.....

 

From PP forum

 

9 (2) (a) No period of parking. Moving in front of a camera, by definition, is not parking.

9 (2) (e) Invitation to keeper is not there in the required format

9 (2) (f) Notice of keeper liability is incorrect.

Here's POFA: https://www.legislation.gov.uk/ukpga/2012/9...edule/4/enacted

Dear Sirs,

I have just received your Notice to Keeper No. xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc




First class post with free certificate of posting from a post office.

The other POFA fails will go into the POFA appeal if required.

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eh?

if 9 (2) (a) is wrong then so are all ANPR captures.

 

e and f are on the PCN

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You posted an example of a defence, and a not very good one.

 

Have you got an example of Horizon accepting an appeal?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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I would agree that the PCN fails. It is supposed to be a Notice to Keeper advising them that the driver breached the T&Cs and that if the driver does not pay  after 28 days then the keeper becomes liable for the alleged debt providing guidelines of PoFA have been adhered.

 

First the PCN has to state that they do not know the name of the driver and a current address for the service and invite the keeper to pay the charge or if they were not the driver to provide the driver details and pass on the PCN to the driver

 

So to my way of thinking, until the 28 days have elapsed the liability to pay lies with the driver.

Yet the PCN is asking before the 28 days for the name of the driver [though not invited] so that the liability can be transferred to the driver!

 

Then it doesn't make clear that any unpaid amount is due by the keeper. It is worded badly and it is misleading.

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Yes the timescales are rigid for POFA, if there is an NTK before expiry of that notice might be a GDPR issue if they did get Keeper details and driver  actually did pay before 28 days up, think Lookedinforinfo has good point

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Well, another day passes, and despite requests in posts 16 & 20 & 23 the OP hasn't posted a single example of Horizon having accepted an appeal.

 

Now, I wonder why that should be 😆

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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