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Two parts of POFA missed out in PCNs

2

Comments

  • henrik777
    henrik777 Posts: 3,054 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Even in the IAS cloud cuckoo land they might still say the keeper was the driver. Having said that it is a very strong position the keeper has when they were definitely not driving. Court action would be easy to defend and it remains to be seen whether any IPC member has the balls to go to court when they've been told the keeper wasn't driving and keeper liability isn't in play.
  • Kanye_West
    Kanye_West Posts: 57 Forumite
    edited 8 July 2015 at 2:27PM
    The letters they've sent me and PCNs were obtained during the time they were with the BPA, not IPC, so surely my claims will go through the BPA, not IPC
  • Umkomaas
    Umkomaas Posts: 43,449 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Kanye_West wrote: »
    The letters they've sent me and PCNs were obtained during the time they were with the BPA, not IPC, so surely my claims will go through the BPA, not IPC

    Yep, provided before 17 June 2015, it will be POPLA that will deal with your second level appeal (not the BPA per se). Now whether the Uni is aware of that remains to be seen via any response to initial appeals.

    They may have completely overlooked this residual 'inconvenience' in the euphoria of joining the 'we'll ensure you rarely lose' Committee.

    If you have any difficulties in getting things through to POPLA, the BPA is unlikely to intervene (as they'll not be interested in a - yet another - deserter). It would be time to involve the DVLA and insist they withdraw their access to the DVLA database if they won't honour previous commitments (I think they have to serve a probationary period on joining a new ATA - so good opportunity to turn the screw!).

    But, cross that bridge if necessary, and in the fullness of time.
    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
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    Correct, you will be appealing to PoPLA. Usual story, keeper appeals each one to the University, gets a PoPLA code for each one and wins at PoPLA. Yes the omissions on the NtK are grounds for getting these dismissed because there is no keeper liability, but there are plenty more grounds - see the Newbies thread.

    You should point out to the University in your appeals that they were BPA members at the time so if they dismiss your appeal they must send a PoPLA code. I mention this because they are so inept they probably don't even realise this.

    And I strongly recommend you edit your first post on this thread where you refer to who the driver was.
    Je suis Charlie.
  • Kanye_West
    Kanye_West Posts: 57 Forumite
    Ah good stuff, thanks people. I'll draft up a letter and post it here before I send it incase of any mistakes. Is that alright?
  • Kanye_West
    Kanye_West Posts: 57 Forumite
    For a couple of the most recent PCNs I haven't received the KLN letter yet. Are they still assuming keeper liability in the NtK letters or should I wait until I receive all KLN letters before I send off my message to the university?
  • Umkomaas
    Umkomaas Posts: 43,449 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Kanye_West wrote: »
    For a couple of the most recent PCNs I haven't received the KLN letter yet. Are they still assuming keeper liability in the NtK letters or should I wait until I receive all KLN letters before I send off my message to the university?

    What's a KLN letter?
    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
  • Kanye_West
    Kanye_West Posts: 57 Forumite
    Umkomaas wrote: »
    What's a KLN letter?

    Keeper Liability Notice
  • Umkomaas
    Umkomaas Posts: 43,449 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Kanye_West wrote: »
    Keeper Liability Notice

    How is that different to a NtK? Do you have an example?
    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
  • Kanye_West
    Kanye_West Posts: 57 Forumite
    Umkomaas wrote: »
    How is that different to a NtK? Do you have an example?

    Both letters in the imgur album:

    http://imgur.com/G6rNDkT,ppdSS0p#0
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