Apologies for yet another new thread

Redx

the golden rule is to use the black text appeal with IPC members , then IGNORE everything else EXCEPT a formal LBC sent using the new PaP rules from oct 2017 , or an MCOL from the CCBC in Northampton , within 6 years

nothing else is viable and as keeper you owe nothing if they failed to use the law called POFA2012 to make the keeper liable, so it is pojntless a keeper engaging with them apart from using the template , once and once only

if they knew who was driving they would pursue that person and POFA2012 would not be of any use

Anjistar

KeithP wrote: »

As the NtK arrived after 14 days after the incident, there is no keeper liability.

This means that as long as the driver isn't identified, the PPC will have great trouble getting any money from anyone.

Would you clarify, is it 14 days after the incident or after the issue of the PCN/NTK? And is that working days only?

Redx

is the NTK dated and if so is it 12 days or less after the date of the incident ?

looking at post #1 it seems to be dated 7 days after the incident

a shame the envelope is not postmarked with the date

its your word against theirs

Anjistar

It's dated 6 days after the incident but didn't arrive until 15 days later, 21 days after the alleged offence.

Redx

POFA2012 schedule 4 tells you the timeline for an NTK to arrive with the recipient , and that is by day 15 where the date of the incident is day zero , so it seems to have been delayed in the xmas post, unfortunately you cannot prove this and the letter is presumed delivered (in law) 2 days later

so if they can prove it was posted on dec 21st or thereabouts , then they could easily convince a judge they complied with POFA2012 by ensuring it was posted in good time and is PRESUMED delivered 2 days later according to the legal rules (Unless proven otherwise), despite the bank holidays

nothing you can say or do will change all this , so stop pushing against the tide

appeal once with the template and then ignore unless you get an LBC or an MCOL in the post , within 6 years

the debt collection letter stage follows the initial appeal, this is an impasse where neither side gives an inch - debt letters can be ignored, they are powerless

nosferatu1001

Presumed delivered

Unless proven otherwise.

Prove oTherwise. A witness statement signed under penalty of perjury would be proof.

Anjistar

Well, I took my courage in both hands and sent the IPC appeal form.

Will post back if anything transpires.

Thanks so much for all the help so far, much appreciated.

Redx

dont get your hopes up , its likely to be a refusal and may ask for the drivers details and may offer the IAS for adr

you are now on the end of their hook and wriggling like the bait, they wont reel you in just yet and may leave you to thrash about and tire you out for the next 72 months , with threats of armageddon and the 4 horsemen of the apocalypse, plus the empty threat of a CCJ ruining your credit rating

KEEP ALL PAPERWORK and take pictures of signage etc asap , start to gather and keep your evidence as if preparing for a court case (MCOL)

Anjistar

I have 24 photos of the area around where the car was parked, and all the correspondence so far. I am keeping a diary of all actions and dates so it's easy to remember when I did what.
Many thanks. I shall try not to wriggle too much - don't want them getting too much enjoyment out of this....

whiskeytoothpaste

My understanding of pofa is that if a windscreen notice is issued then the ntk should be posted on day 29...
Only anpr cases can ntk be sent within 14 days.
Does this mean that vcs have met pofa requirements?