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PE letter before action
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They will send a notice to driver then, and the process restarts with 28 days and an appeal that can go to popla on rejection. That is the win win
How? They still don't know who the driver was! So now they are stuffed:
RK: Nope, not the keeper
de facto keeper: Nope, never sent an in-time NtK
Driver: who?Je suis Charlie.0 -
The situation would be similar if this was a hired vehicle, the parking company sends a NtK , they say it weren't us it was this person who's address I've provided. Then they send a notice to that person or company, they then have an opportunity to say it wasn't them, and so onWhen posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
:beer: Anti Enforcement Hobbyist Member :beer:0 -
Sorry Stroma but it's not at all similar. POFA makes special provision for hire vehicles, but it makes no special provision for this scenario. The de facto keeper must receive the NtK within 14 days. He didn't. That is all.Je suis Charlie.0
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Sorry Stroma but it's not at all similar. POFA makes special provision for hire vehicles, but it makes no special provision for this scenario. The de facto keeper must receive the NtK within 14 days. He didn't. That is all.
You are mistaken, because the OP has not said that this was his first letter, only that he became liable after 7 weeks, that could mean he's had several letters and has ignored them.
And this is exactly the same situation as a hire company because this is a company vehicle, liability is passed onto the driver of the vehicle, its immaterial that its the owner of the company, a company cannot drive.When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
:beer: Anti Enforcement Hobbyist Member :beer:0 -
Sorry Stroma but it's not at all similar. POFA makes special provision for hire vehicles, but it makes no special provision for this scenario. The de facto keeper must receive the NtK within 14 days. He didn't. That is all.
No it's not. He is not saying the company got the NTK after 7 weeks; until he digs the letters out we don't know when the NTK arrived as that's not the letter they (PE) are talking about.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
You are mistaken, because the OP has not said that this was his first letter, only that he became liable after 7 weeks, that could mean he's had several letters and has ignored them.
He hasn't had any letters, his company has. For all we know someone at the company just threw them in the bin, he doesn't even know they existed (OK, we know that's not actually the case, but for the sake of argument).And this is exactly the same situation as a hire company because this is a company vehicle, liability is passed onto the driver of the vehicle, its immaterial that its the owner of the company, a company cannot drive.
Liability (if there is any) is always with the driver. And if the driver is not known (as in this case) it passes to the keeper, if he properly receives an NtK - which he didn't.Je suis Charlie.0 -
Coupon-mad wrote: »No it's not. He is not saying the company got the NTK after 7 weeks; until he digs the letters out we don't know when the NTK arrived as that's not the letter they (PE) are talking about.
Doesn't matter when the company got the NtK, the company isn't the keeper. They might as well have sent the NtK to me or the Queen. Send it to someone who isn't the keeper and it's worthless.Je suis Charlie.0 -
I suggest you read pofa 2012 and the bpa CoP there is facility for this. Notice to keeper doesn't mean that if it ain't them this stops. And in this case the keeper is a company obviously the company isn't the driver. So they can get pass this liability onto who they believe is responsible for the vehicle on that day.When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
:beer: Anti Enforcement Hobbyist Member :beer:0 -
Liability (if there is any) is always with the driver. And if the driver is not known (as in this case) it passes to the keeper, if he properly receives an NtK - which he didn't.
Nope in England and Wales the keeper can be liable unless they discharge that by giving a serviceable name and address. And how do you know he (or his company) hasn't received the NtK in time? The OP hasn't said one way or the other.When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
:beer: Anti Enforcement Hobbyist Member :beer:0 -
I suggest you read pofa 2012 and the bpa CoP there is facility for this.
Tell me where it says that in POFA. Not bothered about the BPA CoP, that isn't the law.Notice to keeper doesn't mean that if it ain't them this stops.
Again, you need to tell me where in POFA is says anything other than that the NtK must be given to the keeper.And in this case the keeper is a company obviously the company isn't the driver.
The driver is completely irrelevant, the PPC doesn't know who was driving. And the company isn't the keeper. It's the registered keeper but not the de facto keeper.So they can get pass this liability onto who they believe is responsible for the vehicle on that day.
Tell me where it says in POFA that an NtK addressed to one person (company, whatever) can be passed to someone else and remain valid. And tell me where it says that if an NtK gets sent to the wrong person they get to re-set the clock and send another to someone else.
The company could dob in the driver if it wanted to (I don't think it will in this case) but it doesn't have to do so.Je suis Charlie.0
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