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Excel Parking fines
Comments
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Already told you how to respond, if a Judge pressed the point.
If someone on pepipoo wasn't as well prepped as here then that's a shame, and they do see a few losses reported there. Not many, mind.
On MSE we see hardly any lost (two this year, out of hundreds, and not on the keeper/driver issue) because we hand-hold and coach everyone right up to the hearing, so people are ready for anything.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Money...MATTERS wrote: »Please refer to one of my previous post in this thread with the link.
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My question was posed so that motorists/RK's could be ready for any given situation when it comes to court and to highlight that it was not a hypothetical question.0
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RK Received a third PCN today for the same alleged contravention, preparation is the best defence.0
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Can a Keeper check the compliance of NTK, if the PPC does not cite 'keeper liability' under the POFA using the FOIA? If so would it be directed to DVLA or DfT?
Thank you.0 -
Money...MATTERS wrote: »Can a Keeper check the compliance of NTK, if the PPC does not cite 'keeper liability' under the POFA using the FOIA? If so would it be directed to DVLA or DfT?
Thank you.
What exactly would the keeper be asking under the FOIA? PoFA compliance (if I’m reading your question correctly) can be checked by the keeper themselves against PoFA Schedule 4, here:
http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted
Or via this link:
http://www.parkingcowboys.co.uk/keeper-liability/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 Street0 -
What exactly would the keeper be asking under the FOIA?
I am hoping to ascertain how many times the PPC has requested the Keeper's Details as some of the PCNs are issued close together while other's aren't. As the PPC does not subscribe to POFA schedule 4 but have issued provably late, I wanted to know whether the details had been requested for each PCN. If that makes sense, but not sure how to access this type of information.0 -
They only need to request data each time from the dvla if they wish to hold the keeper liable under pofa.
It’s a breach of their kadoe contract to not do this, but that’s a different matter
You’d not use foi of course. There’s a sample letter to the data dept of the dvla to ask who asked fir your data between x and y dates and how many times.0 -
Here's a sample letter you might use:
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The initial appeal was neither accepted nor rejected by the PPC, instead the Keeper has been given an additional 14 days to try and identify the driver (presumably because the NTK was served late and the keeper alerted the PPC of this) and share their details and as a "goodwill gesture" the PPC has kept the charge at the lowered rate of £60, that is so thoughtful.
The keeper will endeavour to establish who the driver was but if by day 13 this has not been achieved the keeper will respond to the PPC to inform them as such being that the Keeper is very reasonable.
If the PPC then wants to pursue the keeper on the assumption that they were the driver (as stated on the NTK) the Keeper will as a goodwill gesture give the PPC an opportunity to respond to the questions posed in the original appeal (IPC template).
Any thoughts or suggestions of whether to reply or not would be useful. Thank you.0
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