CM Service soft appeal rejected...

Margethechicken

Am trying to put appeal together. This is the best I can come up with, having trawled more posts!




I confirm that I am the registered keeper of the vehicle and also that I was a customer who visited Boots in the Retail Park, but I deny being the Driver, therefore Keeper Liability does not apply and the ticket MUST be dismissed.

The initial Notice to Keeper was issued on 19-06-14, some 92 days after the Notice to Driver. I believe that there is a 56 day limit to this issue, and is a compliancy of POFA 2012. Outside this legal time limit, only the Driver can be pursued, and I am under no obligation to divulge the driver's details. Therefore this is a non-compliant Notice to Keeper and the ticket MUST be dismissed.


Any good? I can't cut and paste from others as there aren't enough words left! How 'legal' in wording does it have to be? MTC

Guys_Dad

Your is fine, but maybe worth spelling it out.

I confirm that I am the registered keeper of the vehicle and also that I was a customer who visited Boots in the Retail Park, but I deny being the driver at the time, therefore only Keeper Liability could apply under POFA 2012, provided that the relevant legislation was followed correctly.

In this case it was not and, therefore, no keeper liability can apply.

Reasons:-

The Parking Notice to Driver was issued via a windscreen ticket on 18-03-14.

The Notice to Keeper, however, was issued on 19-06-14, some 92 days after the Notice to Driver.

You will be aware that POFA specifies a 56 day limit to this being served following a windscreen notice to driver, and is an absolute statutory requirement of POFA 2012 for keeper liability to apply.

Outside this legal time limit, only the driver can be pursued, and the opportunity to claim keeper liability has expired. As keeper, I am under no obligation to divulge the driver's details and am not liable for the charge.

It is not my fault that one of your members seems to be ignorant of the law, but clearly you are well acquainted with it.

Therefore this is a non-compliant Notice to Keeper and the ticket MUST be dismissed.

Dee140157

It will be a short appeal, but get it in today. You never know, it may just win. If not well, you can have lots of fun collecting worthless debt collectors letters!

Margethechicken

Thanks Guys dad and Dee for your replies. Have just sent it now and the relief at doing that is enormous. Thanks Guys Dad for the wording - I really appreciated your time.


Thanks to everyone. I'll let you know what comes of it.

Guys_Dad

If your dates are correct and if the IAS tried to turn your appeal down, a certain Parking Prankster will have a field day.

In the mean time, why not send a version of the facts above to the IPC, enclosing the NtK (copy) and point out that their member is flagrantly ignoring POFA. Ask them to instruct their member to withdraw the charge immediately and, if they are really trying to be professional and raise standards, they should apply the relevant sanction points.

Margethechicken

I've had my email back today from the IAS. Here is the transcript...






Thank you for your recent appeal to the Independent Appeals Service (IAS).


We have received the outcome of your appeal and the IAS can inform you that your appeal has been successful. This means that Comprehensive Management Services Ltd has cancelled the ticket with the details below:


Parking Charge Number: xxxxxxx
Vehicle Registration: xxxxxxx
Date Issued: 18/03/2014


As the parking charge has been cancelled you do not need to take any further action and the case has been closed.


Yours sincerely


The Independent Appeals Service




Very relieved and a lesson learned to read signs carefully. Many thanks to those who offered help and advice, and good luck to those who are in the thick of it.


MTC

Dee140157

Oh my goodness. That is good news. We didn't expect a positive result here given to short time frame you appealed in.

Well done. And spread the word of the forum.

Coupon-mad

Well done - once you appealed to the IAS as keeper saying the NTK arrived too late for keeper liability, and denied you were the driver, you turned it into a win!

The best plan would have been to attach a copy of that NTK showing the dates as evidence. Not sure if you did but I thought I would add the fact here for Newbies that IAS expect the motorist to attach all evidence including the NTK, or pics of signs, if they are the basis of the appeal.

Nice one.