PCN for stopping 5 secs in lay-by at Southend Airport

Umkomaas

Very solid advice for you in the previous few posts. 

purplepenny

Hypothetically, if the RK didn’t have a driver’s licence, would you advise them to submit this as evidence?

Redx

purplepenny said:

Hypothetically, if the RK didn’t have a driver’s licence, would you advise them to submit this as evidence?

Definitely , it's added evidence that a keeper could not possibly be the legal driver and if they were not the driver nor had a valid driving licence then the WS should say so and add exhibits to back up the statement if possible

My friends daughter has a handicapped son who had a blue badge and notability car when he turned 5 years old !!
Obviously he could not drive , never drove it , but it was in his name via his mother
Motability were the legal owner

purplepenny

Got a demand for £160 from VCS and threats of debt collectors and court. Great to see their amazing work continues through the pandemic. In letter to my MP they said they were assuming I was the driver and not relying on POFA. When I told them I don’t have a licence, they said in an email that they are pursuing me under POFA. But NTK  was sent weeks many after alleged contravention. Surely the POFA time limits are strict? Can they just ignore the rules and carry on harassing me? Thanks in advance.

KeithP

purplepenny said:

Can they just ignore the rules and carry on harassing me?

Rules? What rules?

But to answer your question... yes, sadly they can.

It's all part of their modus operandi... hound anyone/everyone in the hope that they don't understand and pay up.

Coupon-mad

In letter to my MP they said they were assuming I was the driver and not relying on POFA. When I told them I don’t have a licence, they said in an email that they are pursuing me under POFA. But NTK  was sent weeks many after alleged contravention. Surely the POFA time limits are strict? Can they just ignore the rules and carry on harassing me? 

No.  They CANNOT hold you liable. 
Explain this to your MP again...their job for you is not done if they accepted that rot. 

There is no lawful presumption that a keeper was the driver and neither can they use the 'law of agency' (that the driver was acting on your intructions as your 'agent') and neither can they use the PoFA.  They have ZERO cause of action against you.

purplepenny

Hello again. I have now received a letter before claim with a form to complete. I have repeatedly told them I haven’t driven for 10 years and that they have breached POFA (33 days from alleged incident and revised PCN) but they are still pursuing me. Please could you advise what kinds of info I include with this form? Many thanks.y

KeithP

Did you not read in the second post of the NEWBIES thread on how to respond to a Letter Before Claim?

I am sure it says in there something along the lines of "do not fill in their forms".

purplepenny

Thanks Keith. Newbies FAQs link doesn’t seem to be working atm.

Umkomaas

purplepenny said:

Thanks Keith. Newbies FAQs link doesn’t seem to be working atm.

If you mean the thread link, first thread at the top of the thread list below the red New Thread button - it works ok for me. But I must say the forum is a bit sticky, and just a few minutes ago it dumped me out, then required me to sign back in again. 

All this on top of temporarily losing the 'Thanks' button earlier in the day. Will the world ever be the same again. 😊