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Landowner for NCP - St Judes, Birmingham
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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!
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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!!!!2
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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 Street3 -
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Thanks again for the replies.
Am I ok to use those exact words in addition to the Blue Text Template?
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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.Etc1 -
MrSportage said:Thanks again for the replies.
Am I ok to use those exact words in addition to the Blue Text Template?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 Street1 -
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
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nosferatu1001 said: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
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BrownTrout said: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
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