Civil Enforcement PCN Cancelled. Multiple POFA Defects

A motorist received a parking charge notice from Civil Enforcement after parking at a retail site. The charge was £100 for exceeding the maximum stay. The driver checked the notice with Parking Mate AI before paying.

What Parking Mate AI Found

1. Late Notice to Keeper The NTK was posted 13 days after the contravention but arrived 16 days later by second class mail. Under POFA 2012, it is the date of receipt that matters, not the date on the letter. The NTK was therefore outside the 14-day statutory window.

1. Defective POFA Declaration The notice contained a keeper liability statement but it was incomplete. It mentioned the keeper's liability but did not explain the right to appeal or the appeal deadline as required by Schedule 4 of POFA 2012.

1. No Grace Period Applied The ANPR system recorded an overstay of 7 minutes beyond the maximum stay. The BPA Code of Practice requires a consideration period. With a reasonable grace period applied, the motorist would not have exceeded the limit.

The Result

A tailored appeal letter was generated citing all three defects. The appeal was submitted to Civil Enforcement.

The charge was cancelled within 12 days.

Key Takeaways

• Civil Enforcement issues approximately 950 parking charges per day.
• Second class post can take 2-3 days to arrive. Operators who post the NTK close to the 14-day deadline risk late delivery.
• An incomplete POFA declaration is as ineffective as a missing one.
• Minor overstays of less than 10 minutes should always be checked against the grace period requirement.

Check Your Civil Enforcement Ticket

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