PCCN after Oct 1st

reallyangry

Yes it mentions the contravention and the amount it's filled out correctly however they describe my car as blueish, I don't think he could make his mind up whether it was blue or black.

I'll just sit it out, bring on the letters with the price of gas going up they'll make good kindling for the fire.

Coupon-mad

reallyangry wrote: »

Yes it mentions the contravention and the amount it's filled out correctly however they describe my car as blueish, I don't think he could make his mind up whether it was blue or black.

I'll just sit it out, bring on the letters with the price of gas going up they'll make good kindling for the fire.

Good plan! :T

bazster

I reckon a lot of these will fall foul of 2(b). The ticket is supposed to describe means by which the requirement to pay a charge was brought to the attention of the driver.

The_Slithy_Tove

bazster wrote: »

I reckon a lot of these will fall foul of 2(b). The ticket is supposed to describe means by which the requirement to pay a charge was brought to the attention of the driver.

But only if they want to use the POFA to get keeper liability. I don't think POPLA will be looking at whether a ticket conforms to Schedule 4, as that doesn't affect the (il)legitimacy of the request for money itslef, only the ability to hold the RK liable, which surely comes after POPLA appeal.

bazster

But if it's the RK appealing then I'd have thought "I cannot be held liable" is a ground that POPLA certainly ought to consider.

Welsh_Exile

bazster wrote: »

But if it's the RK appealing then I'd have thought "I cannot be held liable" is a ground that POPLA certainly ought to consider.

Oooh, crafty - So if I get a non-compliant (for RK liability purposes) ticket on my own car I go through the PPC appeals and then POPLA, without admitting being the driver and the PPC can't do a thing about it because of their duff ticket. It's cost them £27 plus vat and we're effectively in a pre-October 1st situation and they still don't know who to sue. Nice! How soon will they get their tickets updated, I wonder?

The_Slithy_Tove

Welsh_Exile wrote: »

How soon will they get their tickets updated, I wonder?

Considering that councils are still issuing tickets whch don't comply with the relvant law after however many years, I wouldn't hold my breath.

Remember, though, while non-compliant council tickets are effectively dead in the water (though it often needs to go all the way to ajudication to force the point), a non-compliant private PCN only fails with respect to the POFA. It still carries as much weight as an invoice for breach of contract with the driver as it ever did (however much or little that weight is).

Welsh_Exile

The_Slithy_Tove wrote: »

Considering that councils are still issuing tickets whch don't comply with the relvant law after however many years, I wouldn't hold my breath.

Remember, though, while non-compliant council tickets are effectively dead in the water (though it often needs to go all the way to ajudication to force the point), a non-compliant private PCN only fails with respect to the POFA. It still carries as much weight as an invoice for breach of contract with the driver as it ever did (however much or little that weight is).

I understand that, but in any case, it still might be helpful in showing up the PPC for not following the rules were they to try court proceedings.

The_Slithy_Tove

Welsh_Exile wrote: »

I understand that, but in any case, it still might be helpful in showing up the PPC for not following the rules were they to try court proceedings.

Oh, absolutely! If they try to pursue a RK in court (rather than the driver) and haven't got the tickets correct, it's an instant FAIL.

bazster

Welsh_Exile wrote: »

Oooh, crafty - So if I get a non-compliant (for RK liability purposes) ticket on my own car I go through the PPC appeals and then POPLA, without admitting being the driver and the PPC can't do a thing about it because of their duff ticket. It's cost them £27 plus vat and we're effectively in a pre-October 1st situation and they still don't know who to sue. Nice! How soon will they get their tickets updated, I wonder?

Perzackly! Thank you so much Welsh Exile, I've been banging on about this for a few days and at last someone else has got it!

The POFA is also very prescriptive about the content of the notice to keeper, so any errors or omissions there will also blow them out of the water as regards RK liability.