Excel PCN from 2013, new letter from BW Legal- help!

LoveNorfolk

Coupon-mad wrote: »

This poster did a search of 'BW Legal £54' and found a shorter letter by hoohoo on pepipoo (he also posts here on MSE):

https://forums.moneysavingexpert.com/discussion/comment/70838480#Comment_70838480

http://forums.pepipoo.com/index.php?showtopic=104441

Wow, as Herzlos says, don't copy stuff verbatim that was written to 'you' as advice here. Clearly you have to reword that.

'CSA debt collector code of practice' is easily Googled.

HTH

I'm not leaving it like that Coupon-mad, I'm still drafting and checking what these regulators are, I shall have a look at those links once home. Can anyone clarify why they cannot persue
the keeper as I seem to be missing this.

Thanks

LoveNorfolk

This bit confuses me, what exactly does it mean?

7. Any requirements of any Regulations made under paragraph 12 of Schedule 4 of the Protection of Freedoms Act 2012 have been met (as to display of notices in the car park). No such Regulations have been made as at February 2013.

Coupon-mad

Nothing at all. It's saying (correctly) that there are no regulations under paragraph 12 for certain signage rules, at present, because the Government has not set any (yet). So ignore that bit.

nigelbb

LoveNorfolk wrote: »

Also does the NTK have to arrive in working days as I could add that on, it arrived on 65th day including weekends.

You counted wrong. It's calendar days not working days. The date of the 'crime' was 28th February (Day 0) so 29th February was Day 1 & the 18th April was Day 56.

LoveNorfolk

nigelbb wrote: »

You counted wrong. It's calendar days not working days. The date of the 'crime' was 28th February (Day 0) so 29th February was Day 1 & the 18th April was Day 56.

There was no Feb 29th, so counting from 1st March I get day 56 as 25/4. I'm positive it arrived a couple of days after 23/4 dated on it.

Coupon-mad

But the date is by-the-by, on a NTK which makes no attempt to hold a keeper liable under the POFA. The wording matters.

LoveNorfolk

I'm trying to remember when NTK arrived, I know it was 2/3 days after date on it and royal mail say to allow up to 5 working days for mail to arrive (I have had some that arrived on the 5th day).

Coupon-mad

It doesn't matter a jot.

LoveNorfolk

Coupon-mad wrote: »

But the date is by-the-by, on a NTK which makes no attempt to hold a keeper liable under the POFA. The wording matters.

Ok, so think I got this, in big letters at top it says driver liable, further down on first pic says may get keeper details, but they can't hold you liable because they say driver is at top?

Coupon-mad

And that if you look at Schedule 4 , para 8 and 9 give the requirements for a NTK. The wording does not feature in Excel's NTKs, so it is ipso facto a non-POFA NTK, aimed at a driver only, under contract law. No-one else.

Excel, never mid 'Elliot v Loake' (irrelevant) prove the driver then...!