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NCP claim - HELP

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Comments

  • I was 100% not the driver.  Surely they need to prove I was the driver, rather than me having to prove I was not? 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Cobbler08 said:
    I was 100% not the driver.  Surely they need to prove I was the driver, rather than me having to prove I was not? 
    That's right, but things will be much simpler if you can demonstrate you were elsewhere.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    State you were not the driver. Point out how many could have driven. 
  • State you were not the driver. Point out how many could have driven. 
    There were two other people insured on the car at the time, one of which was the driver. Do you think it's enough to say in my witness statement that I and two others were insured to drive the vehicle at the time and leave it at that? I don't want to include a copy of the insurance policy as evidence, as this would include their names. 
  • Umkomaas
    Umkomaas Posts: 44,400 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Cobbler08 said:
    State you were not the driver. Point out how many could have driven. 
    There were two other people insured on the car at the time, one of which was the driver. Do you think it's enough to say in my witness statement that I and two others were insured to drive the vehicle at the time and leave it at that? I don't want to include a copy of the insurance policy as evidence, as this would include their names. 
    You could part-redact the names, maybe leaving surnames showing?
    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
  • Coupon-mad
    Coupon-mad Posts: 161,443 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That's what most people do...nothing is new here.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted 
    Hi guys, panicking now.... Was just researching POFA 2012 and came across the following text on the government website:
    The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
    In my case, 'the offense' was on 28th November. Letter was sent on 13th December. In my mind, this was 15 days, but reading above if it's counting the day after as day 1...... then I'm truly buggered correct? 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 1 December 2020 at 4:38PM
    No , it failed if posted on the 13th , because it is deemed delivered 2 days later , on the 15th December , plus 29 + 30 of November , 15 + 2 = 17 days

    It should have arrived before it was even posted
  • Redx said:
    No , it failed if posted on the 13th , because it is deemed delivered 2 days later , on the 15th December , plus 29 + 30 of November , 15 + 2 = 17 days

    It should have arrived before it was even posted
    Thank God for that! Cheers Redx. I thought I'd just lost my case! 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 1 December 2020 at 4:53PM
    Day 1 was the 29th , day 2 was the 30th , add 12 to that and December 12 was arrival deadline day of 14 days defined by POFA , day 15 after the incident date so they posted it after the deadline date for it to arrive !!

    They snooze , they lose

    The Beckham speeding case was similar , cost him thousands to hire Mr Loophole who found that the NIP arrived one day too late , not the same at all , but same principle , deadlines
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