Reply To Defence - E S Parking Enforcement - Manchester

D_P_Dance

Saying  "I cannot remember" is hardly perjury,  (unless the judge  can prove otherwise).  

nosferatu1001

It strictly IS of course perjury if you can remember.  you have not answered the question truthfully
Whether they can prove it or not doesnt alter that it would still be an offence 

Cryptjitsuu

go-on-then said:

They cannot hold the keeper liable under POFA 2012 if they have failed it, check your PCN. They prob have.
They cannot just presume the keeper and driver are the same,  so one of your defence points.  Who are they going to 'charge' when they dont know who was driving ?  

The PCN says: 

"The driver of the vehicle above is liable for the Parking Charge"

Cryptjitsuu

Letter was also received within 15 days without windscreen ticket.

nosferatu1001

Does the NtK - that is what it is - state they can hold the keeper liable?

go-on-then

Havs you checked your pcn against POFA,  in particular  9 2 f , the exact wording ? 
Maybe post pics of your pcn here.

Coupon-mad

Cryptjitsuu said:

The PCN says: 

"The driver of the vehicle above is liable for the Parking Charge"

But they all say that, POFA or non-POFA, because initially,  the driver is the only liable party.

You know how to check a NTK against the POFA Schedule 4, para 9.  There's even a link in the NEWBIES thread in case people forget how to Google.  This is simply a case of looking to see if 9(2)f from Schedule 4 is there or not, and sparing us having to look (drives me mad).

Cryptjitsuu

hxxps://ibb.co/qjvnQK8

hxxps://ibb.co/x2y923v

From what I can see it does not say about holding the keeper liable:

"Pay the unpaid Parking Charge; or if you were not the driver of the vehicle, to notify us (Online by using the Transfer of Liability portal – see overleaf) of the name of the driver and a current address for service for the driver AND pass this Notice on to the driver"

Registered Keeper details and Data Processing

Please note that we have obtained the name and address of the registered keeper of the vehicle from the DVLA

for the purposes of enforcing this unpaid charge. Such information has been provided in accordance with the

Road Vehicles (Registration and Licensing) Regulations 2002. If you feel that you have a right to object under

the GDPR regulations in any way, then you can contact us with your concern. For more information you can also

see our full privacy notice at www.espel.uk/privacy-notice/ Data Protection Officer – dataprotection@espel.uk

If you were not the driver of the vehicle stated when the incident occurred, or you were the keeper of the vehicle stated when the incident occurred but it was in the possession of another person (either with or without your consent), please provide any information that will lead to the true identification of the keeper/driver responsible by completing the online form at espel-liability.zatappeal.com within 28 days of this notice. You will need the above parking charge reference and vehicle registration number to access the transfer portal.

Le_Kirk

Your links made live - after checking.
https://ibb.co/qjvnQK8

https://ibb.co/x2y923v

Umkomaas

NtK is not PoFA compliant (there seems no attempt to have made it so), therefore the registered keeper has no liability in law.