PCN from G24 Ltd

pould

enfield_freddy wrote: »

wes the timing correct between the offence and the NTK?

You'll see in my original letter (post 1 in this thread) that I contended to them it was not and that I requested a proof of postage. The letter from G24 didn't even attempt to address that issue.

Open and shut as far as I can see. No proof of postage for the 14 day schedule, no case.

enfield_freddy

the letter states POFa over and over again , ask them to re write it , removing those points and to post it to the driver , because due to the NTK not arriving within 14v days of the offence , you cannot be held liable , only the driver

pould

Of course. This is the original NTK, received on the 26th of August.

http://www.peter-ould.net/media/150826_NTK_from_G24.pdf

enfield_freddy

posted first class?

pould

enfield_freddy wrote: »

the letter states POFa over and over again , ask them to re write it , removing those points and to post it to the driver , because due to the NTK not arriving within 14v days of the offence , you cannot be held liable , only the driver

True, but given that they have presented no evidence that they posted the NTK in time, sending to the driver is irrelevant. The PPC fails on this first point (the date of posting) alone.

pould

enfield_freddy wrote: »

posted first class?

They used UKMail as their initial delivery agent, so the envelope has no first or second class marking.

As far as I understand the law, the onus is on them to prove it was delivered in time. The PoFA assumes a two working day delivery so they need to produce evidence the NTK was posted in time to meet the 25th August deadline. An "Issue Date" is not a proof of posting.

enfield_freddy

yes agreed , and as such this is not your problem now , they need to white a letter using the correct wordage to the driver


PPCs have been know to lie on the dates they put on letters


maybe a request to the DVLA to find out what was the date your info was requested? , they would look stupid if it was after the 19th ,

pould

enfield_freddy wrote: »

yes agreed , and as such this is not your problem now , they need to white a letter using the correct wordage to the driver


PPCs have been know to lie on the dates they put on letters


maybe a request to the DVLA to find out what was the date your info was requested? , they would look stupid if it was after the 19th ,

Already done. The data was requested from the DVLA on the 17th of August.

Since the delivery of the NTK is clearly not in line with the requirements of the PoFA, I assume that as the registered keeper I am under no obligation to reveal who the driver was.

enfield_freddy

repeat from my posting above:


"the letter states POFa over and over again , ask them to re write it , removing those points and to post it to the driver , because due to the NTK not arriving within 14v days of the offence , you cannot be held liable , only the driver "

pould

enfield_freddy wrote: »

repeat from my posting above:


"the letter states POFa over and over again , ask them to re write it , removing those points and to post it to the driver , because due to the NTK not arriving within 14v days of the offence , you cannot be held liable , only the driver "

So in terms of strategy going forward, you are suggesting to NOT appeal to the ICS but rather to write back and say "ball in your court"?