care parking, roxburghe.

krissherbert

so am I reading this right,

My car had a ticket on 23/3 my notice to keeper was dated 4/6 thus 73 days and should only be 56?

the second, ticket on 9/4 NTK on 27/6 79 days?

Umkomaas

krissherbert wrote: »

so am I reading this right,

My car had a ticket on 23/3 my notice to keeper was dated 4/6 thus 73 days and should only be 56?

the second, ticket on 9/4 NTK on 27/6 79 days?

Yep - absolute maximum time is 56 days if they are pursuing the PCN using a NTK under the provisions of The Protection of Freedoms Act 2012.

Did the original NtKs have the heading 'Notice to Keeper (or very similar) and was PoFA 2012 mentioned anywhere in the NtKs?

krissherbert

no they actually have the heading formal demand,

would a picture of the letter help?

krissherbert

and i actually don't have any ticket(s) that was placed on the windscreen. as this was 6 months ago

krissherbert

also, on the letters from roxbughe, they state I have confirmed that I was the driver, I have provided them with no correspondence so this is a lie.

Umkomaas

krissherbert wrote: »

no they actually have the heading formal demand,

would a picture of the letter help?

It might help if we had a look at it.

Make sure you redact (cover any identifying detail - name, address, VRM, dates, location, any barcode etc) before uploading.

Umkomaas

krissherbert wrote: »

also, on the letters from roxbughe, they state I have confirmed that I was the driver, I have provided them with no correspondence so this is a lie.

You're not suggesting that a Debt Recovery Agency might actually lie in order to grab money? How preposterous? :rotfl:

krissherbert

here is the link to the pictures

https://www.dropbox.com/sh/zpa49ma0623vg1j/Jw394n38Rs

Umkomaas

krissherbert wrote: »

here is the link to the pictures

https://www.dropbox.com/sh/zpa49ma0623vg1j/Jw394n38Rs

The letter they are using is one they used pre-PoFA. It does not comply with any of the PoFA/BPA requirements as well as it being issued outside of PoFA requirements.

It seems they are pursuing this outside of PoFA and as such can only pursue the driver (and that's why they're trying to pin on you that you've 'admitted' to being the driver).

I'd like other regulars' views on where things stand regarding pursuit outside of the PoFA framework. If the PPC is signed up to the BPA AOS scheme can they pick and choose how they want to pursue this? Do they have right of access to DVLA data?

The 'old' advice to ignore might still be applicable in this case as any appeal process is closed (no access to POPLA). If it does progress to court (and Roxburghe can't issue court papers and in any case they're in a bit of a mess presently on the solicitor front) then stuff like signage, GPEOL, proprietary interest in the land, contractual authority to pursue charges on behalf of the landowner still come into play.

Wait for others to have a chance to read and comment for the moment.

nigelbb

Umkomaas wrote: »

It seems they are pursuing this outside of PoFA and as such can only pursue the driver (and that's why they're trying to pin on you that you've 'admitted' to being the driver).

I'd like other regulars' views on where things stand regarding pursuit outside of the PoFA framework. If the PPC is signed up to the BPA AOS scheme can they pick and choose how they want to pursue this? Do they have right of access to DVLA data?

The 'old' advice to ignore might still be applicable in this case as any appeal process is closed (no access to POPLA).

While PPCs can pick & choose as to whether they invoke POFA to chase the keeper rather than the driver they cannot pick & choose as to whether they use POPLA or not. Access to POPLA when an appeal is refused is part of the BPA Ltd CoP & not providing it should be an offence worthy of expulsion. I am not saying that BPA Ltd would actually go that far but access to an independent appeal is pretty core to their image as a 'respectable' trade body. They can't renege on it now.

The DVLA will basically sell driver details to anyone with 'reasonable cause'. They sold the data pre-POFA & as long as the PPC doesn't misuse the data by e.g. going old school pre-POFA but pretending that the keeper is liable then the DVLA are satisfied.