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Pcn.

124

Comments

  • jordand
    jordand Posts: 17 Forumite
    Can anyone direct the keeper to where he should be looking in order to win this? Obviously there were a PCN stuck on the window but currently the keeper has not received anything through the post.

    Can anyone direct the keeper to any places such as POFA or the BPA?
  • Umkomaas
    Umkomaas Posts: 44,205 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Can anyone direct the keeper to any places such as POFA or the BPA?

    Here we go! :)

    http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

    https://www.britishparking.co.uk/
    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 Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    jordand wrote: »
    I didnt realize there was a difference in keeper/registered keeper. Thought they were the same.

    well you do now

    it may well be that one person is the owner , the Registered Keeper, the day to day Keeper, and the Driver as well

    but it may well be that all of those entities are different people

    in the case of a lease vehicle, the day to day keeper is the hirer (under a hire contract), or lessee (under a lease contract), and is also the day to day keeper of the vehicle

    they may be the driver, or not (I could have been the driver, or a mechanic , or the emergency services, or thousands of fully comp insured drivers)

    so for a lease vehicle

    Barclays or Toyota Finance could be the owner
    the Lease company could be the Registered Keeper
    the Lessee could be the keeper (day to day keeper with the responsibility)
    I could be the Driver and driving the lessee around as a chauffeur

    using google search engine will give you POFA and the BPA
  • jordand
    jordand Posts: 17 Forumite
    The keeper has received a NTD through the post. However, the keeper has already appealed and lost.
    He has been taking a look at the BPA and POFA but is struggling to get to grips with where he is looking. Upon looking at this forum, there are alot of people who outline letters to whoever they send it to and outline the bpa and POFA and he cant grasp what bit hes looking at to help with the appeal.

    Any help would be great.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    The keeper has not received an NTD in the post

    Either they have received an NTK or received an NTH where H is for Hirer

    They should have also received a copy of the lease or hire agreements well, but probably haven't

    See the advice by Edna basher at the bottom of post #1 of the newbies faq sticky thread for advice on how to appeal
  • jordand
    jordand Posts: 17 Forumite
    The day to day keeper of the lease car received a NTD through the post.

    I have read the posts you mentioned but the day2day keeper is unsure of who to send the 2nd appeal to and unaware of what to put in/use in the templates
  • Big_Boi
    Big_Boi Posts: 65 Forumite
    There is no problem with saying that you're the Keeper, as the PPC will know that because they've sent you a NtK as the Keeper... It is just the driver at the time of the alleged contravention that cannot be disclosed.

    When your appeal was rejected, presumably the rejection came with a POPLA code? Can you confirm?
  • jordand
    jordand Posts: 17 Forumite
    Hello,

    There is no POPLA code on the rejection email and it were rejected yesterday.

    I can post a picture of the email and the letter received in the post today?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    I have no idea who the parking company is but the fact that you stated the IAS is the next stage means they are IPC members and not BPA members so no POPLA

    therefore there is no next step, other than court
  • Le_Kirk
    Le_Kirk Posts: 25,883 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If, as I suspect, this is an IPC PPC, there will be no POPLA code, they want you to appeal to their kangaroo court, IAS. Futile, as pointed out in the NEWBIE thread.
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