NCP PCN is it too late??

Fruitcake

Thatguy wrote: »

changed it now, is that better?

Your OP is better, but you need to edit the image you just posted. Please reread my amended post above for the reason why.

Thatguy

Sorry, I got it now, third time lucky! I hope...

hxxps://www.dropbox.com/s/o50w7lrse5n8us3/new.jpg?dl=0

Fruitcake

Thatguy wrote: »

Sorry, I got it now, third time lucky! I hope...

hxxps://www.dropbox.com/s/o50w7lrse5n8us3/new.jpg?dl=0

https://www.dropbox.com/s/o50w7lrse5n8us3/new.jpg?dl=0

Fruitcake

They are telling porky pies by saying that the keeper is required to tell them the driver's details. The POFA 2012 actually says they can invite the keeper to do that, but the POFA most definitely does not state that this is a requirement.
They have also said that the POFA states you are required to pass the NTK to the driver.

You should complain to the BPA, the DVLA, and your MP about this misleading statement and misrepresentation of the POFA 2012 requirements. They are out and out lies!

Coupon-mad

I love that NTK! They've tried so hard but crashed and burned. Idiots.

It tells the keeper that, under the POFA Sch 4, they will be liable 'unless they comply with the above' (wrong wording, hehehe - that's not in the POFA!).

And ''the above'' includes making a representation, as one of the 3 choices. So, the keeper just has to ''comply'' by making an appeal, and going by that letter, they can reasonably understand they are then not liable!

So, I would change your point #2 and explain this to POPLA.

The NTK is not POFA compliant.

Clearly, whilst NCP have correctly stated the 28 days timeline, the actual wording about how a keeper is liable/not liable, is seriously flawed and does not match the prescribed warning in 8(2)f of schedule 4, which is silent on 'making representations'. This NTK wrongly tells the keeper that, under the POFA Sch 4, they will be liable 'unless they comply with the above' which is a list of three options. It includes ''making a representation'' as one of the three choices. So, the keeper just has to ''comply'' by making an appeal, and going by the instructions in that letter, they can reasonably understand they are then not liable.

NCP have muddled one 28 day term (appeal) with a completely different thing (the POFA liability wording) and in doing so, prejudice the registered keeper's understanding about liability. There can be no other interpretation of that NTK than to believe that a keeper can ''comply'' by ''making representations'' within 28 days and therefore, they will then not be liable.

Any ambiguity in a consumer notice MUST be interpreted in the way that most favours the consumer (Consumer Rights Act 2015 says so, and it is trite law, under the doctrine of Contra Proferentem). Clearly, the interpretation of that notice that most favours the consumer is that the keeper has ''complied'' simply by taking option 3 and making representations, and NCP by their own wording, are accepting that fact and have stated under any interpretation, that a registered keeper who appeals, will not be liable.

Bad drafting of a notice or term is the fault of the trader and can never be used against, or twisted, assumed or interpreted to the detriment of a consumer. So, the PCN has not been properly given and the keeper cannot be argued as liable.

Umkomaas

Don't you just love it! Final paragraph ....

NCP As owner, lawful occupier or agent of the landowner ........

How can they be the 'owner of the landowner', or even 'lawful occupier of the landowner'. The mind boggles.

Yet they've completely missed claiming to be 'the creditor' as required by PoFA.

Illiterate bunkum. You just couldn't make some of this stuff up! :rotfl:

Thatguy

Wow, you really went to town on them, like some kind of parking ticket super heroes! Thank you so much!

Am I correct in thinking I should just copy and paste your blue text as a replacement for my original point 2? (coupon-mad)
or do I need to add anything?

Coupon-mad

Yes, that's the plan.

Then save your POPLA appeal as a PDF and upload it under 'OTHER' to POPLA.