How can a third party - 'the keeper' be responsible for someone else's alleged contract?

Redx

Totum20 said:

Coupon-mad said:

option to appeal has been forfeited. 

No the option for the DRIVER to appeal has gone. 

The keeper can appeal a NTK.  That NTK does comply with Sch4 para 8.

The fact the right to 'keeper liablity' was originally withheld in 2012 - the POFA Sch4 was not fully enacted - until the industry provided the keeper with an independent appeal (at that time POPLA).  This shows that a keeper can appeal.  The POFA depended upon that right.

Just appeal - the NTK does say you can but words it in a way that suggests you can't!

I'm starting to see the enjoyment in fighting these things.

I'll await my investigations into whether Alliance have landowner authority and the DVLA to confirm Alliance requested my info correctly. Then assuming at least one of those is in my favour I will appeal.  

Thanks for your help so far everyone. Its been an enjoyable lesson.

The problem with checking with the DVLA is that it comes back in writing and can take weeks to arrive , whereas any keeper based appeal to the NTK (not the NTD) is either 21 days or at most 28 days

The keeper can appeal the NTK , but not the NTD , the keeper can also name the driver under POFA anytime up until a court claim has been issued , so bear that in mind

You as keeper are appealing the NTK as keeper , which is your right

Coupon-mad

You only have 21 days from the date of the NTK (including that date) if you plan to appeal to the pointless IAS just to 'put a bat up their nightdress' and possibly see the PPC give up if you make it hard for them (but ignore the IAS if you lose).

They don't have to re-offer the discount to the keeper so drop that completely.

nosferatu1001

There is no requirement for any discount at any stage in POFA. That deciiosn is made by the ATAs
IAS decided that no NtK discount is required, when a NtD was issued.  Hence why ghost ticketing is so popular; it leaves the £100 always in play, never a reduced amount. 

Umkomaas

if you plan to appeal to the pointless IAS just to 'put a bat up their nightdress' 

The mind boggles! 🦇 

NeilCr

Umkomaas said:

if you plan to appeal to the pointless IAS just to 'put a bat up their nightdress' 

The mind boggles! 🦇 

You want to be careful with that!

https://www.gov.uk/guidance/bats-protection-surveys-and-licences

Coupon-mad

Basil Fawlty : ''And if you give us any more trouble, I shall visit you in the small hours and put a bat up your nightdress.''

https://www.imdb.com/title/tt0578586/characters/nm0768795

Umkomaas

Wasn't Basil a cricket fan? OMG 😆