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  • Umkomaas
    Umkomaas Posts: 43,438 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You won't be able to post a working link, but copy and paste into the 'Reply' dialogue box, change http to hxxp and hit the 'Post Reply' button.

    It will display as text, but we'll convert it to a working link.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • hxxp://i68.photobucket.com/albums/i4/flat930/Parking%20ticket/Letterfile_Page_1a.jpg

    hxxp://i68.photobucket.com/albums/i4/flat930/Parking%20ticket/Letterfile_Page_2.jpg

    hxxp://i68.photobucket.com/albums/i4/flat930/Parking%20ticket/IMAG0048.jpg

    hxxp://i68.photobucket.com/albums/i4/flat930/Parking%20ticket/IMAG0047.jpg


    Thanks again
  • Coupon-mad
    Coupon-mad Posts: 152,861 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 December 2014 at 1:25PM
    OK so they have deliberately worded that Notice to be aimed at the driver, and the keeper is not liable at all (nor does the keeper have to name the driver). So just appeal as keeper and say:

    Dear Napier,
    Re PCN ref xxxxxxxxx
    I have received your recent letter which arrived a full four months after the date of parking event you are alleging. I would like to inform you that I was not the driver on the occasion mentioned but I am aware that the driver did pay and display so no loss was caused. I am also aware that your charge is not based on a genuine pre-estimate of loss, merely on a calculation including legal costs and the POPLA fee itself, which has been rejected at POPLA at least once.

    I will not be naming the driver, and have stated as a matter of fact, that driver was not myself, so you can forget your 'assuming I was the driver' nonsense. The POFA 2012 positively enshrines the right of a keeper not to have to name the driver to a private firm. In any case, by sending a Notice 4 months later you have failed to establish keeper liability and could only 'invite' me the name the driver, which I decline to do.

    If you send me a POPLA code with a rejection letter I will be stating to POPLA that I was not the driver and that your Notice is too late for keeper liability, so you cannot win a POPLA appeal against a keeper under these circumstances. I suggest you cancel it and am very relieved that clamping at that notorious site was made illegal, stopping such criminal activity in 2012. Compliments of the Season to Mr De Savary,

    xxxx
    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 THREAD
  • Cheers, will send that off now and see what they come back with. Thanks again for all of the help. :)
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