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Landowner for NCP - St Judes, Birmingham

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  • MrSportage
    MrSportage Posts: 22 Forumite
    Second Anniversary 10 Posts
    edited 28 March 2020 at 6:34PM
    If lucky enough that they have served the Keeper this notice too late and it is outside the Keeper Liability time, do the Keeper need to change the wording of the 'One size fits all' template or will that still suffice?

    The Driver did not have a windscreen notice as they cannot have been there long enough!
  • Le_Kirk
    Le_Kirk Posts: 24,674 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You can add a one-liner to that effect BUT make sure you keep it as KEEPER and do not in any way infer that you are the driver!!!!
  • Umkomaas
    Umkomaas Posts: 43,424 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 29 March 2020 at 12:43PM
    You can add a couple of lines that on the basis they have failed to deliver the NtK within the strict timetable dictated by the Protection of Freedoms Act 2012 (Schedule 4) paras 9(4b) and 9(5) as the keeper of the vehicle you have absolutely no liability in this and they need to pursue the driver instead. Should they fail to cancel the charge and continue to pursue you as the keeper, you will immediately report their unlawful action to the BPA and DVLA. 
    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
  • MrSportage
    MrSportage Posts: 22 Forumite
    Second Anniversary 10 Posts
    Please find a redacted copy attached...


  • MrSportage
    MrSportage Posts: 22 Forumite
    Second Anniversary 10 Posts
    Thanks again for the replies.

    Am I ok to use those exact words in addition to the Blue Text Template?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Yes. But you also need to edit your posts, as you've told the entire world who drove that day

    THE DRIVER gave up...
    THE DRIVER left after 14min. 
    Etc 

  • Umkomaas
    Umkomaas Posts: 43,424 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thanks again for the replies.

    Am I ok to use those exact words in addition to the Blue Text Template?
    Yes, but please do check that they fit with your style - I just rattled them out off the cuff. 

    The NtK is not a PoFA compliant one and NCP seem to have recognised that in not claiming keeper liability. If they don't cancel on receipt of the blue text initial appeal (with the additional couple of sentences), then you will get it cancelled at POPLA (with a correctly worded POPLA appeal). But if you do have to go to that trouble, you must report NCP to the BPA and DVLA as above. 

    Remember, in any of your dealings with NCP (or the other players), be extremely careful not to infer who the driver was, otherwise your PoFA protection disappears like a puff of smoke. 
    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
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    This is an appeal by the keeper no driver details given
    Notice issued after 14 days no keeper liability ,automatic win at POPLA,  cancel or POPLA code 
    That will win it for you. End off

  • MrSportage
    MrSportage Posts: 22 Forumite
    Second Anniversary 10 Posts
    Yes. But you also need to edit your posts, as you've told the entire world who drove that day

    THE DRIVER gave up...
    THE DRIVER left after 14min. 
    Etc 

    Thank you.
  • MrSportage
    MrSportage Posts: 22 Forumite
    Second Anniversary 10 Posts
    This is an appeal by the keeper no driver details given
    Notice issued after 14 days no keeper liability ,automatic win at POPLA,  cancel or POPLA code 
    That will win it for you. End off

    Sorry I do not understand what you mean? Is this what the Keeper should say or are you highlighting the overall picture here?
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