Is my NTK PoFA 2012 compliant?

rob.j.jackson

Also, is there anyway I can rename the thread title to make it a bit more relevant?

Cheers.

bazster

https://www.dropbox.com/s/emu1qhf7fo5plxr/Appeal%20Rejection%20Letter.jpg?dl=0
https://www.dropbox.com/s/by1tw7w7dqql8oq/Parking%20Sign.JPG?dl=0
https://www.dropbox.com/s/3p22v7sa8cerno4/NTK%20Front.jpg?dl=0
https://www.dropbox.com/s/njdt644j07t18im/NTK%20Back.jpg?dl=0

You need to immediately send a very strong complaint to (i) DVLA (ii) Your MP and (iii) Robert Goodwill, Parliamentary Under Secretary of State at the Department for Transport.

Enclose a copy of the rejection you have received. Point out that, as registered keeper of the vehicle, you are being denied an independent appeal in blatant contravention of the government's wishes and intentions when enacting POFA 2012.

State that it is your understanding that it is now standard practice for the IPC's supposedly-independent appeals service to presume that the registered keeper was also the driver, thereby denying the keeper the various protections set out in POFA 2012 Schedule 4.

Conclude that it is now clearly the case that IPC members are following the lead set by their trade association in flouting the government's wishes with respect to keeper liability and independent appeals, and that the IPC is clearly not a fit body to hold Accredited Trade Association status.

hoohoo

In your appeal you did not clearly state that the keeper was not the driver. VCS letter to you now states that one option is to provide proof you were not the driver.

I would personally favour the complaints to the DVLA and IPC option, but you could also consider.

Dear VCS,

Further to option 2 you ask me to provide evidence I was not the driver. I confirm I was not the driver.

WITNESS STATEMENT OF xxx

1. I am xxx, the register keeper of vehicle yyy, and reside at zzz.
2. I was not the driver of the vehicle at the time mentioning in parking chqrge ref qqqq
3. Atthe time I was ....any info you can remember

STATEMENT OF TRUTH
I believe that the facts stated in this witness statement are true.

Signed

Date

rob.j.jackson

Hi,

Thanks for your replies.

I will definitely be taking this further with the people mentioned by Bazter. Is there any resources of similar cases that anyone is aware of?

What is the best way to respond to VCS? The appeal letter sent clearly stated that the RK was not the driver at the time of the incident.

The problem with the suggestion by Hoohoo is the the RK was at home, alone during the time and hence no 'evidence' as such exists.

Should I just reply to VCS reiterating that the RK was not the driver, and as they have not complied with POFA12 they cannot assume the RK was the driver. Also point out the appeal as RK was in time and ask for details on how to appeal to the independent body. Maybe point out how they have not complied with any code of practice by ignoring the appeal sent by the RK and perusing on the windscreen ticket *without providing the RK any evidence that the vehicle was ticketed).

I am of a mind to ignore them completely but want to cover all the bases in the event they are stupid enough to take this to court and hence feel I should relpy to them.

Cheers,
Rob

bazster

rob.j.jackson wrote: »

Hi,

Thanks for your replies.

I will definitely be taking this further with the people mentioned by Bazter. Is there any resources of similar cases that anyone is aware of?

Not really, this malarkey where the IPC and its members stick two fingers up to the government's wishes is pretty new and we're really just getting off the ground with complaints about it.

rob.j.jackson wrote: »

What is the best way to respond to VCS? The appeal letter sent clearly stated that the RK was not the driver at the time of the incident.

The problem with the suggestion by Hoohoo is the the RK was at home, alone during the time and hence no 'evidence' as such exists.

Your Witness Statement would be evidence. We're not working to a criminal standard of proof here ("beyond reasonable doubt"), merely "balance of probabilities" - and if you are reasonable and straightforward then any judge would most likely accept that you are telling the truth.

Dear VCS,

I already told you I was not the driver and if you are stupid enough to put this matter before a court of law I will give a Witness Statement to that effect. I will also draw the court's attention to your totally unreasonable behaviour in denying me an independent appeal on totally spurious ground which blatantly defy the government's wishes when POFA 2012 was enacted.

If you wish to proceed on that basis then I say bring it on.

Not getting to appeal to the IAS kangaroo court is no big deal 'cos you'd most likely have lost anyway.

hoohoo

rob.j.jackson wrote: »

Hi,



What is the best way to respond to VCS? The appeal letter sent clearly stated that the RK was not the driver at the time of the incident.

The problem with the suggestion by Hoohoo is the the RK was at home, alone during the time and hence no 'evidence' as such exists.



Cheers,
Rob

I asked because my reading of your appeal in post #17 did not make it clear to me you were not the driver, so presmable VCS felt the same.

As stated by other people, it does not matter the RK was at home. A witness statement from her should be sufficient proof. Also, if there were multiple occupants of the vehicle, they could also send in a witness statement saying they were in the vehicle at the time, and the RK was not present either as occupant or driver.

The RK should rack her memory and write down anything that happened that day - phone calls, tv watched, people who visited, emails sent, texts sent, whatever she did.

If VCS are stupid enough to do court, this would be extra ammo to convince the judge on the balance of probabilities that she was at home.

DollyDee_2

I know this probably isn't significant but it made me laugh - it states on the Parking Sign (left of the CCTV/ANPR logo) in tiny little letters
"(Charges may include VAT)".

Does it depend on their mood on the day? "Shall we charge it on this PCN? - Nah, we'll charge it on the next one".

The_Deep

You do not need to prove anything. it is up to the PPC to prove, on the balance of probabilities. that you were.

Thus, if you are a single person and parked in or near your place of work, then it is likely that you were. If you are you go to work by train and the event took place at a shopping centre near your home, on a working day, it is likely that you were not.

hoohoo

DollyDee wrote: »

I know this probably isn't significant but it made me laugh - it states on the Parking Sign (left of the CCTV/ANPR logo) in tiny little letters
"(Charges may include VAT)".

Does it depend on their mood on the day? "Shall we charge it on this PCN? - Nah, we'll charge it on the next one".

It is significant because if they charge VAT it is a contractual charge. If not, it is a breach of contract or trespass.

The sign is a dogs breakfast. You can read it as trespass, breach, or contractual charge. It seems VCS have no idea how they are enforcing matters.

Coupon-mad

rob.j.jackson wrote: »

Hi,

Thanks for your replies.

I will definitely be taking this further with the people mentioned by Bazter. Is there any resources of similar cases that anyone is aware of?

What is the best way to respond to VCS? The appeal letter sent clearly stated that the RK was not the driver at the time of the incident.

The problem with the suggestion by Hoohoo is the the RK was at home, alone during the time and hence no 'evidence' as such exists.

Should I just reply to VCS reiterating that the RK was not the driver, and as they have not complied with POFA12 they cannot assume the RK was the driver. Also point out the appeal as RK was in time and ask for details on how to appeal to the independent body. Maybe point out how they have not complied with any code of practice by ignoring the appeal sent by the RK and perusing on the windscreen ticket *without providing the RK any evidence that the vehicle was ticketed).

I am of a mind to ignore them completely but want to cover all the bases in the event they are stupid enough to take this to court and hence feel I should relpy to them.

Cheers,
Rob

Do as already advised by hoohoo and bazster - complaints to the Dept for Transport and DVLA and the IPC (why not, even though they will likely send a pathetic reply, we SHOULD be adding to their complaints tally that they report to the DVLA), and a reply to VCS with your own signed witness statement as set out above. That is your evidence, it's all you need to show really.

VCS no longer use the POFA 2012 so they have no case against a keeper who wasn't driving - end of. So even if you lost an IAS appeal and your complaints fall on deaf ears, you can still then ignore having done all you can. Complaints to the DVLA and the Dept for Transport about IPC members and the IAS/IPC itself should be the priority for all newbies with an IPC ticket (everyone should complain, whether they bother with IAS or not).