Is my NTK PoFA 2012 compliant?

rob.j.jackson

Thanks for all your help, it is very much appreciated.

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.

Does this mean they could not bring court action (even one doomed to failure) against the RK under the presumption they were the driver, which after all is my main concern here?

I shall draft a short reply to VCS in the next few days (new baby here so finding time to do anything is proving difficult!) and post it on here before I send it off.

I shall also complain to the relevant bodies mentioned above.

Cheers,
Rob

bod1467

They can always take court action. The problem is their chances of winning would be negligible if you defended.

rob.j.jackson

Hi,

I am going to e-mail these jokers the following response:

Dear Sir / Madam,

Re: PCN No. XXXXXXX
Car Registration: XXXXXXXX

In response to your letter dated 31/12/12, I have already told you I, the registered keeper of the vehicle registration number XXXXX, was not the driver at the time of the alleged incident which led to the above PCN. I shall provide a signed witness statement to that effect should you wish to take this matter to court.

You have rejected the letter of appeal I submitted in response to the Notice to Keeper dated 20/11/14, which was submitted within the timescale stipulated on said document, on totally spurious ground which blatantly defy the government's wishes when POFA 2012 was enacted.

You have failed to comply with POFA2012 and therefore have no grounds to pursue a case under keeper liability.

You have also failed to comply with your own trade associations Code of Practice by denying me an independent appeal.

Furthermore, since you are not attempting to prove keeper liability via POFA2012, I believe you had no right to obtain my details from the DVLA.

To reiterate, I was not the driver at the time of this alleged parking incident. Should you wish to pursue this matter further may I suggest you correspond directly with the driver.

Yours faithfully

XXXXXXXX


Has anyone any suggestion of changes or additions before I send it.

Cheers,
Rob

hoohoo

You should also appeal to the IAS.

rob.j.jackson

Can I do that without them giving me any information to do so?

Coupon-mad

Yes you have 21 days to appeal to the IAS and all you need is the PCN number - it's not like POPLA, you don't get a code.

If you want to be our first 'IAS winner' for weeks, you will need to prove you were not the driver (evidence of being elsewhere such as a receipt, appointment/work log or witness statement from someone, signed & dated) and you will have to attach both sides of the NTK and point out in words of one syllable as if the IAS 'wise guy' is 5 years old, why the NTK isn't one which can hold a keeper liable under the POFA. Literally spell it out.

Even then, the allegedly biased 'kangaroo court' of IAS might still yawn and say 'sadly I have seen this argument before and I think you were driving so you lose'!

rob.j.jackson

But if I lose it doesn't matter anyway as they would have practically no chance of winning in a court provided I attend?

I will get a letter to IAS drafted asap. Is it worth including all the points about non compliant signs etc as per the original appeal letter I sent in the IAS appeal also?

Cheers,
Rob

rob.j.jackson

Hi,

Sorry for dragging this on but could someone please help me identify which parts of the ntk make it non pofa compliant?

Cheers,
Rob.

Coupon-mad

You will need to compare the wording to the link in the NEWBIES thread to the legislation. No-one will likely have time to help from scratch and you are the one with the Notice in your hands, not us. Give us a clue what you start to spot when you look at the legislation and compare the ntk with it (schedule 4 is easy to read, in bullet/numbered points).