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NPE have my car registration wrong, do I still pay?
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Thanks to everyone for all your help on this - you are all amazing!
Will get the letter off in the post in the next few days.0 -
Be prepared for the possibility (probability?!!) that they will pursue you on the basis that they are not using the POFA 2012, but chasing you on the assumption that you are the driver.
They will almost certainly mither on about Elliott v Loake at you (an irrelevent, and criminal case that they try to use to chase the RK on the assumption that he/she was the driver.)
Good idea to read up on that issue and inform yourself.0 -
I'm sure that regulars will have noticed that not one Elliott -v- Loake assumption/argument has yet been placed before a Judge, despite hundreds of assertions by PPCs and their lapdogs.They will almost certainly mither on about Elliott v Loake at you (an irrelevent, and criminal case that they try to use to chase the RK on the assumption that he/she was the driver.)
Out and out bullying by the bottom feeders via their assumption that the motorist will be naive enough to swallow the BS.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Can they even use EvL for this? Surely they *HAVE* to rely on PoFA to get RK details from DVLA don't they? Otherwise under what legislation are details being released?
If it was an ANPR ticket where they can't identify the driver, you can see the thought process, as incorrect as it is. When they've stuck a windscreen ticket on, then the only thing they *can* rely on is PoFA to get RK details, surely?
Irrelevant here as they've failed to follow PoFA so the ticket can be ignored, but in principle?0 -
They don't need to PoFA to acquire keeper details, through which they invite the keeper to identify the driver. They need PoFA (and meet its strict requirements) to pass the liability to the keeper.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
They don't need to PoFA to acquire keeper details, through which they invite the keeper to identify the driver. They need PoFA (and meet its strict requirements) to pass the liability to the keeper.
Ah. There you go - that's the distinction i suppose. In that regard it's no different to filling out the V888 that anyone could do to get RK details.0 -
Except that PPCs do it on an industrial scale, electronically, 24/7.In that regard it's no different to filling out the V888 that anyone could do to get RK details.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Except that PPCs do it on an industrial scale, electronically, 24/7.
It's just a massive dodge though isn't it?
They don't rely on PoFA to get the keeper details, which means they don't need to rely on PoFA to scare the RK into paying through quoting E-v-L, even though it doesn't apply.
Common sense would suggest that they simply amend the law to state that, if a windscreen ticket has been issued, then the driver has been notified, and that if you want to contact the Registered Keeper, the only way to do that is to attempt to transfer liability under PoFA, and that that is the only way by which RK details will be made available.
Although even as I write it, i suspect i'm missing something glaringly obvious which would make that an unworkable solution.0 -
Nope, you are not missing anything. The DVLA could certainly have a statement that the data is supplied only to PPCs who comply with the POFA.
IIRC at first, they did, in 2012/13. Then some PPCs (maybe the BPA) challenged it and suddenly we had this 'Plan B' back-door version as well which just appeared...and when people queried that with the DVLA they said it as OK because the PPC is allowed to get the data 'in order to enquire who was driving'!
It was surely never the intention of the POFA that PPCs could just pathetically 'opt out' and still bother keepers.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
The elephant in the room (regarding making POFA compulsory for electronic access to keeper details) .... POFA doesn't apply in Scotland or NI.
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