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POFA compliance of NTK
poper
Posts: 43 Forumite
I am a Newbie and have gone through the Newbies section of private parking tickets. A basic question:
Is the NTK POFA complaint if the driver and keeper are the same?
Is the NTK POFA complaint if the driver and keeper are NOT the same?
Timeline:
1. Appeal to PPC unsuccessful(as expected)
2. Missed deadline of POPLA and didn't appeal(I am still kicking myself)
3. Letter of Claim received and performed AOS in time
I am putting minimum details here as I've read PPCs scrawl through this forum for evidence collection
Is the NTK POFA complaint if the driver and keeper are the same?
Is the NTK POFA complaint if the driver and keeper are NOT the same?
Timeline:
1. Appeal to PPC unsuccessful(as expected)
2. Missed deadline of POPLA and didn't appeal(I am still kicking myself)
3. Letter of Claim received and performed AOS in time
I am putting minimum details here as I've read PPCs scrawl through this forum for evidence collection
0
Comments
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Is the NTK POFA complaint if the driver and keeper are the same?Whether the NtK is PoFA-compliant or not is unrelated to who the driver/keeper is, it is related to whether all the requirements of the relevant paragraphs of Schedule 4 have been met in issuing the NtK. If they have been met in full, in the absence of knowledge of the identity of the driver, the PPC can legally hold the keeper liable. The PPC doesn't need to be concerned about who the driver is.If they are not met, the keeper cannot be held liable, only the driver. If the PPC doesn't know who the driver is, they're rather stranded, but it doesn't stop them trying to harass the keeper into paying. POPLA will quash (with a suitably worded appeal) but the IAS won't. A Judge should. It looks like you'll need to rely on the latter ...... should it get that far.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 -
In view of your questions I would advice you to read the newbies again. Also Shedule 4 of POFA, you cannot fight these claims without proper research.You never know how far you can go until you go too far.2
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I am putting minimum details here as I've read PPCs scrawl through this forum for evidence collectionYoull need to give us much more information if you need substantive help - this isn't a murder trial.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 -
Not too little I hope.You never know how far you can go until you go too far.1
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It is very important that the identity of the driver is not revealed.
If the driver and the keeper are the same, and the parking company are aware of this, PoFA is irrelevant. If the driver and keeper are the same but the PPC are not aware of it, or if the driver and keeper are different, then the keeper could be liable if the NTK is PoFA compliant. The keeper cannot be held liable if the NTK is not PoFA compliant.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks2 -
PPC issued was a postal PCN. From the Newbies thread I understand that the postal PCN was therefore the NTK. The identity of the driver has not been revealed with the PPC
Does the PPC need to explicitly quote their PoFA compliance in the NTK document?
My first language is not English and my head spins when I read the PoFA legislation.
Fruitcake said:then the keeper could be liable if the NTK is PoFA compliant. The keeper cannot be held liable if the NTK is not PoFA compliant.
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I am trying to assess if the NTK was PoFA compliant. If no, I can include this in my defence which I am currently preparing.
Happy to reveal more details on my case if required. I dont think its a good idea to reveal the PPC name here I guess.
Sorry if I am being a pain. I am determined to defend my case strong and will post my defence draft here for your feedback please1 -
I dont think its a good idea to reveal the PPC name here I guess.What, when 99.99% of all threads reveal the PPC name with no detriment? Either work with us for full help, or keep fending us off. There are hundreds of posts each day needing our help, we're not going to keep trying to squeeze information from you.
Why do you think not revealing the name can in any way help you? Just the name can often be enough for us to tell you whether their NtK is likely to be PoFA-compliant, or not. This isn't MI5 stuff!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 Street4 -
Unless you tell us the nature of the beast we cannot give you full and considered advice. You are making a rod for your own back, if you want advice please do as we ask.You never know how far you can go until you go too far.2
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If you want help, please tell us the name of the parking company.
If you are not sure that the NTK is or is not PoFA compliant, please post it here, but hide your personal details (registration number, PCN number, name, address).
Do not hide any dates.
Unless the location of the alleged event is where you live, do not hide the address.I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks3
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