NCP Pay Later (and my wife forgot....)

Umkomaas

There are two PoFA 'fails'. One as pointed out by @Castle above, and add to that a failure to provide warning as required by para 9(2)(f) of PoFA. Add the two of them as separate bullet points at the end of the template initial appeal. 

If NCP don't cancel, then we can help you to succeed at POPLA. 

Le_Kirk

When/if you do add the comments as provided by @Umkomaas and @Castle be careful not to say "I", "me", "my" or similar and so identify the driver!

andylong1974

Thank you! So my appeal will look like this:-

Re PCN number: ZP3499XXXX

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

I would also like to add the following:

* The Notice to Keeper was received beyond 14 days as required by PoFA 2012
* You failed to provide warning as required by para 9(2)(f) of PoFA

KeithP

andylong1974 said:

I would also like to add the following:

* The Notice to Keeper was received beyond 14 days as required by PoFA 2012
* You failed to provide warning as required by para 9(2)(f) of PoFA

Maybe expand that a little to something like...

I also need to point out that the Notice to Keeper is incapable of transferring any driver's liability to the keeper for the following reasons:

* The Notice to Keeper was received beyond 14 days as required by PoFA 2012
* You failed to provide warning as required by para 9(2)(f) of PoFA

Le_Kirk

The reason for adding your last two bullet points was to say that they cannot hold the keeper liable for the actions of the driver.

Coupon-mad

And you could add that you were not the driver but won't be naming the driver, so they will lose at POPLA.

andylong1974

So is this the final wording?


Re PCN number: ZP3499XXXX

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

I also need to point out that the Notice to Keeper is incapable of transferring any driver's liability to the keeper for the following reasons:

* The Notice to Keeper was received beyond 14 days as required by PoFA 2012
* You failed to provide warning as required by para 9(2)(f) of PoFA

andylong1974

Coupon-mad said:

And you could add that you were not the driver but won't be naming the driver, so they will lose at POPLA.

So I should specifically say I was not the driver? Would this work:

"I was not the driver of the vehicle and there is no legal requirement to name the driver at the time and I will not be doing so."

Umkomaas

andylong1974 said:

Coupon-mad said:

And you could add that you were not the driver but won't be naming the driver, so they will lose at POPLA.

So I should specifically say I was not the driver? Would this work:

"I was not the driver of the vehicle and there is no legal requirement to name the driver at the time and I will not be doing so."

Perfect 👍 

Fruitcake

If the keeper was not the driver, then yes, add that as well.