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#Post#: 106003--------------------------------------------------
idiots guide to what is a POFA 2012?
By: Plywood-Enthusiast Date: January 15, 2026, 7:12 am
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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.
#Post#: 106009--------------------------------------------------
Re: idiots guide to what is a POFA 2012?
By: DWMB2 Date: January 15, 2026, 7:35 am
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[quote author=Plywood-Enthusiast
link=topic=9508.msg106003#msg106003 date=1768482736]
Had 2 tickets cancelled because they were not pofa complaint
[/quote]
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 [s]ransom[/s] 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.
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