Urgent BW Legal Claim Form

manwithavan101

Does this look ok?



The Protection of Freedoms Act 2012 Schedule 4 (the POFA) has not been being complied with. The registered keeper does not admit to being the driver of the vehicle in question on the date in question; as such, the keeper can only be held liable if the Claimant has fully complied with the strict requirements of the POFA (2012). In this case Schedule 4 Paragraphs 4 and 5 were not complied with.

nosferatu1001

I would state ...with, because no Notice to Keepr was received within the statutory period of 29 to 56 days from the parking event.

It sets the stall out as to HOW they have not complied.

manwithavan101

How does one identify if a letter recieved is an NTK for the purposes of POFA?

manwithavan101

Would this do it >>


NB: If as the keeper of the vehicle, you do not give the details about the driver or hirer, or if the driver or hirer refuses to acknowledge their liability, you may be liable to
pay any unpaid charges in accordance with the Protection of Freedoms Act 2012. Please be advised that if the IAS has dismissed your appeal we, Premier Parking
Solutions Ltd, will use this adjudication in future court proceedings, which may commence without delay and further costs will be added. Please note that Valley
Enforcement is a trading name of Premier Parking Solutions Ltd.

nosferatu1001

OK

An NtK is a PCN sent to the Keeper through the post.
For it to be a valid NtK they first have to have gotten teh Keepers details from the DVLA, and the notice MUST contain ALL elements required under POFA schedule 4 para 9.

So, far from your statement that they hadnt sent a NtK being true, turns out they HAVE done. Seriously. Be upfront we cannot held otherwise.

manwithavan101

I am not an expert so please excuse my ignorance. The notice was not sent within the required 56 days. This is the reason I am asking.


What I believe I wrote was

Please can someone confirm for me that if a notice was served to the driver and the parking company appear to using 2012 POFA route when serving the NTK that the registered keeper must recieve the notice within 56 days?

Also, if they did not comply with this then the PC is in breach of POFA and the keeper cannot be held liable?

Thanks for looking

KeithP

manwithavan101 wrote: »

I am not an expert so please excuse my ignorance. The notice was not sent within the required 56 days. This is the reason I am asking.


What I believe I wrote was

Please can someone confirm for me that if a notice was served to the driver and the parking company appear to using 2012 POFA route when serving the NTK that the registered keeper must recieve the notice within 56 days?

Also, if they did not comply with this then the PC is in breach of POFA and the keeper cannot be held liable?

Thanks for looking

Both nosferatu1001 and I have already unambiguously answered those questions you quoted. See posts #19 and #20.

manwithavan101

This is the bit I am confused about

So, far from your statement that they hadnt sent a NtK being true, turns out they HAVE done. Seriously. Be upfront we cannot held otherwise.

I thought I was being clear that it was the 56 days I was asking about not if they sent one or not. I don't believe I ever stated if I did or did not receive one.


Sorry if you feel I have not been clear.

nosferatu1001

No, you did not again ask about the 56 days. We had already pointed you to the one single resource that tells you this, so you can see it for yourself.. POFA, Schedule 4, para 8.

If it was not sent until after the 56 days, it does not matter one single iota what the NtK states, it cannot meet the requirements for POFA to hold the keeper liable, because it was sent too late to hold the keeper liable

If you STILL want to go through the NtK and check for OTHER failures, well, you know where to go. POFA Sched 4, para 8.
BUt it doesnt matter. The timeline is solid.

manwithavan101

UPDATE:


So the defence was filed and accepted by the court. I then waited for the response. None was recieved in the 28/30 day period so phoned the court and was told they have stayed the case. Then very soon after I recieved a letter from BW Legal stating they wish to continue with the claim and have sent a copy of the 'directions questionaire' which requests to follow small claims track. I'm asuming they missed the deadline and will now have to request to have the stay removed? What is the best course of action now?



Many thanks