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Parking Eye, PCNs and POFA!

I've had more interesting evenings! I'm really sorry if this has been posted lots before, I just want to get my facts straight before I use the appeal template in Coupon-mad's very helpful post. I have a PCN from ParkingEye and on the appeal template letter one of the challenges is: d). Your 'Notice' fails to comply with the POFA so there can be no keeper liability. Having read paragraph 9 of the POFA, it seems the only 'chink in the armour' is:
(e) state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

I cannot see that the ParkingEye PCN invites the keeper to pay, only the driver - which would be why ALL the advice states DO NOT say you are the driver! Does anyone with experience in these matters think I have the right end of the proverbial stick here? Thank you very much for your help (I have learned so much already from posts!) and apologies for asking SUCH a very dull question :)

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    thay ask the keeper to dob the driver in, that is true

    the alternative is that they make the keeper liable for the invoice, under POFA 2012 , which is usually how they proceed when they issue a court claim (over thirty THOUSAND issued last year)
  • Umkomaas
    Umkomaas Posts: 43,632 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 24 August 2015 at 11:07PM
    If any NtK fails (or appears to fail) to meet every requirement placed by PoFA 2012 (THE LAW), then it must be challenged if the PPC is claiming keeper liability. Even if anyone thinks the PPC has all bases covered, it should still be challenged: it is then for the PPC to categorically prove their compliance in every respect.

    The law doesn't provide a pick 'n mix option (by commission or omission) for the PPC.
    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
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