PCN - no NTK yet

McrRed

Hi I had a window sticker PCN from VCS recently with code 40 parking in a disabled bay indicated.
I was actually parked in a space between disabled bays and have photographic evidence of this.

I drafted a letter with the photo and the usual from the form letters in the newbie thread.

My question/quandary:
do I just send the letter given that they have sent no NTK yet?
[It will be 14 days on Bank Holiday Monday - they stipulate 21 days for an appeal].

Redx

21 days for driver appeal

the NTK arrives between day 29 and day 56 for POFA 2012 to apply

they may not even follow pofa2012

McrRed

Cheers Redx, so wait? or send letter anyway?

ColliesCarer

I'm surmising and Redx may have meant something different (and will correct me if I'm wrong later )but I think when he posted "they may not even follow pofa2012"

he meant wait and see because if they don't follow POFA 2012 - there is no keeper liability and they could only pursue the driver and they have no idea who that is.

Plus I would advise waiting - why throw away an extra chance for them to mess up further when/if they send a non-compliant NtK

Redx

and why give away who was driving ?

McrRed

Thanks, both.
I was just checking. I shall ignore their 21 days and hold on to see what NTK comes through.

The blokes who work at that particular site said they all ignore them when they get PCNs themselves.

The_Deep

VCS are affiliater to the IPC and must account for v.a.t. Therefore, if they have not mentioned it on their paperwork or signs they cannot claim that the amount demanded is a contractual charge, that might be tax evasion. It must therefore be damages for breach of contract or, if they own the land, trespass.

These vat implications could very well be their undoing in court, but the IAS will almost certainly ignore them at appeal as too difficult. In slower time ask them for a vat invoice and if they demur shop them to the tax evasion hot line.

https://www.gov.uk/government/organi...ng-tax-evasion

More reading here:

http://forums.moneysavingexpert.com/...5437&highlight=

http://forums.moneysavingexpert.com/...7925&highlight=

http://forums.moneysavingexpert.com/...3796&highlight=

McrRed

A quick bump for this.

I received the NTK and have drafted a letter using the template, saying in addition that the car was not parked in a disabled bay with photograph attached.

Am i good to go? Is there anything else I should be saying?

Once again, many thanks.

Umkomaas

I hope you haven't, in adding anything to the initial appeal template, identified the driver. And I don't mean by saying 'the name of the driver is', but by a more inadvertent sentence like 'as you can see from the attached photograph, I did not park in a disabled bay'.

Please do a thorough check of any words you've added.

VCS are moving away from keeper liability under PoFA and working on the 'reasonable assumption' the keeper was the driver (shaky ground if tested at court), which is why you don't hand 'the driver' on a plate for them!

McrRed

"Please do a thorough check of any words you've added. "

Good point. I have tried not to score any own goals but I will proof read again before sending my letter. I guess the fact that the driver having had a picture of the car not being parked in a disabled bay at the time is sufficiently ambiguous?

Umkomaas

McrRed wrote: »

"Please do a thorough check of any words you've added. "

Good point. I have tried not to score any own goals but I will proof read again before sending my letter. I guess the fact that the driver having had a picture of the car not being parked in a disabled bay at the time is sufficiently ambiguous?

Yep, any point where you might use 'me, myself or I' should be very carefully checked. 'The driver' avoids dragging you into it.