Apologies for yet another new thread

Joe_whenjung

right, time for some more reading. Thanks Umkomaas

whiskeytoothpaste

Thanks all. The solicitor claims they do not indend to rely on POFA but if they are compliant- What is stopping them from relying on it and changing their minds?
They are not aware of who was driving.

KeithP

whiskeytoothpaste wrote: »

Thanks all. The solicitor claims they do not indend to rely on POFA but if they are compliant- What is stopping them from relying on it and changing their minds?

Nothing .

Coupon-mad

They aren't compliant. The wording of the NTK gets the 28 day period wrong, for starters (regardless of fake 'PCN' that isn't).

whiskeytoothpaste

What makes them not compliant? As far as I am concerned, the sticky nonsense left on the windscreen was a notice ‘to the person in charge of the vehicle’- so to the driver. This notice isnt pofa compliant (which I could argue?)but then they send out a NTK within 14 days which appears at first glance to be compliant. So, despite them stating that they are not relying on POFA they could change their minds which would leave me as keeper a bit stuffed?

Umkomaas

I think this thread needs handing back to the OP - Anjistar - otherwise he/she will be left in the dust of off-tangent inputs.

Coupon-mad

whiskeytoothpaste wrote: »

What makes them not compliant? As far as I am concerned, the sticky nonsense left on the windscreen was a notice ‘to the person in charge of the vehicle’- so to the driver. This notice isnt pofa compliant (which I could argue?) but then they send out a NTK within 14 days which appears at first glance to be compliant. So, despite them stating that they are not relying on POFA they could change their minds which would leave me as keeper a bit stuffed?

I seem to be repeating myself endlessly tonight. I said already:

''The wording of the NTK gets the 28 day period wrong, for starters (regardless of fake 'PCN' that isn't).''

Anjistar

I am feeling a little dusty, thanks, Umkomaas!

And thanks for the envelope info, Joe whenjung, very useful

Coupon-mad, I'm sorry, I don't understand this:

''The wording of the NTK gets the 28 day period wrong, for starters (regardless of fake 'PCN' that isn't).''

In what way is the 28 day period wrong?
And would you explain what you mean by the phrase in brackets, please. Is the PCN fake or not? How does one tell?

Thanks very much!

Fruitcake

Anjistar wrote: »

I am feeling a little dusty, thanks, Umkomaas!

And thanks for the envelope info, Joe whenjung, very useful

Coupon-mad, I'm sorry, I don't understand this:

''The wording of the NTK gets the 28 day period wrong, for starters (regardless of fake 'PCN' that isn't).''

In what way is the 28 day period wrong?
And would you explain what you mean by the phrase in brackets, please. Is the PCN fake or not? How does one tell?

Thanks very much!

The POFA 2012 wording is very precise, and must be repeated precisely on the NTK.

For example, if the relevant part of the POFA says, (not the actual POFA wording) "If after 28 days beginning one day after the day of the event ..." but the PPC put, "If after 29 days ..." then it does not meet the requirements of the POFA 2012 because it has not specified when the 28 or 29 days starts.
You need to compare the wording from the POFA against the wording of the NTK to determine where it fails to meet the POFA requirements.

The PPC has unbelievably convinced the DVLA that the notice left on the vehicle is not a notice to driver. In other words, it's not a PCN, it's a fake PCN, hence C-m's comment in brackets.

What none of us here can understand is how a notice left on a vehicle that will be seen by the driver, is not a notice to driver, yet the DVLA have accepted that it is.
It smells of waterborne creatures to me.

Anjistar

So if the POFA says (under 4. 'Right to claim unpaid parking charges from keeper of vehicle"):
(4) The right under this paragraph may only be exercised after the end of the period of 28 days beginning with the day on which the notice to keeper is given.

And the NTK says "Failure to make payment within 28 days of the Issue Date of this Notice will result in the full charge being applied...(etc, etc)"

Does that mean it's not compliant?