Non-POFA parking notices

rdjevans17

My response was...

Hi,

What is your position exactly? The fact that you are completely disregarding the legislation/law and making up your own rules to play by?

As stated previously, I will not be paying the charges, as they are not my responsibility and I cannot name the drivers as I do not remember who was driving that long ago. Maybe if you stuck to the POFA 2012 guidelines I would remember, but as you've left it so long I can't.

You also mention in your previous email about 'transferring liability'. There is no liability to transfer as I am legally not liable for anything. Again, I will not appeal the charge because I am not liable for the charge. Therefore I have nothing to appeal.

rdjevans17

Their response...

Hello Bob,

Your comments are duly noted

Regards

DE Appeals

rdjevans17

To which I replied...

Hi,

Sorry, but you seem not to have answered my question regarding your position. If you could clear that up for me I would really appreciate it.

What is your position exactly? The fact that you are completely disregarding the legislation/law and making up your own rules to play by?

Regards

Lamilad

Just a point of note. Making one comment saying 'I was not the driver' then another say 'I can't remember who was driving' caused me about 40 mins worth of arguing in court.

In comms of this type I would say less is more. I would've just sent C-M's response verbatim.

Of course we all know what you really meant was 'I can't remember who was driving but I know for a fact it wasn't me' So nothing to worry about, I'm just advising caution.

Mr_Picklehead

A relative of mine has had something similar from HX CPM at appeal:

We do not need to comply with PoFA and the PCN was issued correctly. If they fail to name the driver, then they will be held liable for the charge, we do have legal justification. The issue here is that there has been a breach of the terms and conditions of the car park by failing to purchase a pay and display ticket, which the appellant is failing to address or respond to. As per the attached Parkeon data, this clearly shows that no ticket was purchased for the above vehicle, thus proving they breached the terms and conditions of the car park and are liable for the PCN.

System

@Mr P. Start your own thread rather than using a very old one.

As an aside, HX are incorrect but when has that stopped any of them - and would you take legal advice from an ex-clamper? They'd struggle with the Sun never mind "Law for Dummies".