Recently deceased keeper - bit of fun or am I going too far?

Fruitcake

How did you sign off the initial appeal?
How do you intend to sign off the IAS appeal?

I would have used something like "Executor of *deceased relative's estate*," but not actually providing a name.

As for the appeal itself, If it were me I would have changed the last paragraph to something like: -

If you wish for me to procure a copy for your records, there will be a surcharge at court litigant in person rates of £19/hour or part there of, reduced to £11.40 if payed within 14 days. Payment details will be provided upon application.

MothballsWallet

Fruitcake said:

How did you sign off the initial appeal?
How do you intend to sign off the IAS appeal?

I would have used something like "Executor of *deceased relative's estate*," but not actually providing a name.

As for the appeal itself, If it were me I would have changed the last paragraph to something like: -

If you wish for me to procure a copy for your records, there will be a surcharge at court litigant in person rates of £19/hour or part there of, reduced to £11.40 if payed within 14 days. Payment details will be provided upon application.

Psst, fruity, I see a typo in your suggestion (or was it deliberate to reflect the level of brain power at the PPC and their scamlicitor?)

kensiko

Fruitcake said:

How did you sign off the initial appeal?
How do you intend to sign off the IAS appeal?

I would have used something like "Executor of *deceased relative's estate*," but not actually providing a name.

As for the appeal itself, If it were me I would have changed the last paragraph to something like: -

If you wish for me to procure a copy for your records, there will be a surcharge at court litigant in person rates of £19/hour or part there of, reduced to £11.40 if payed within 14 days. Payment details will be provided upon application.

Unfortunately I did the initial appeal from the newbies thread on auto pilot as I mentioned as I was expecting to just do 'the normal'.  I don't recall choosing who made the actual appeal from any drop downs but the appeal will have started 'I dispute your 'parking charge', as the keeper of the vehicle' as I normally would have.  This I think is my only downfall as the appeal was done in haste instead of taking my time as it just came as a shock.

I was going to fill in my full details as the person appealing to IAS as the first section is as follows:



As I am not the keeper I didn't think there would be an issue with that as I will be appealing on behalf of the keeper.  The first appeal was not signed by anybody but obviously it could not have been the keeper.

Fruitcake

MothballsWallet said:

Fruitcake said:

How did you sign off the initial appeal?
How do you intend to sign off the IAS appeal?

I would have used something like "Executor of *deceased relative's estate*," but not actually providing a name.

As for the appeal itself, If it were me I would have changed the last paragraph to something like: -

If you wish for me to procure a copy for your records, there will be a surcharge at court litigant in person rates of £19/hour or part there of, reduced to £11.40 if payed within 14 days. Payment details will be provided upon application.

Psst, fruity, I see a typo in your suggestion (or was it deliberate to reflect the level of brain power at the PPC and their scamlicitor?)

*Fruity hangs his head in sham, er shame. Unfortunately it was an unintentional toe-po."

kensiko

Ahh well it's official now.  'It's what he would have wanted' as the saying goes 

Oscarisaacsno1

I understand what & why you're doing this. These parking organisations are money grabbing charlatans. However if & when they write to motabilty, I suspect it is highly likely that motabilty will simply pay the £££. Motabilty do everything & anything to minimise any negative press attached to the "motabilty" brand. 

nicestrawb

Oscarisaacsno1 said:

I understand what & why you're doing this. These parking organisations are money grabbing charlatans. However if & when they write to motabilty, I suspect it is highly likely that motabilty will simply pay the £££. Motabilty do everything & anything to minimise any negative press attached to the "motabilty" brand. 

I agree they will probably pay but not because they'd be afraid of the publicity, quite the opposite I'd imagine. More likely it's just too much hassle for them, which is precisely the PPC business model 

Fruitcake

I suggest you contact Motability, assuming they are the registered keeper and your late father was the hirer/lessee, as executor of his estate and instruct them not to pay the charge and pass it to his estate.
Assuming they gave the PPC the hirer/lessee's details, they have discharged their duty under the PoFA 2012, and are no longer liable.
Inform the that you are dealing with this direct and should any demands for payment be made to Motability, they should inform the PPC that they cannot be held liable and they should refer all matters to the hirer/lessee's estate, or the driver.

Note that any attempt to make the day to day keeper or hirer/lessee liable in accordance with the PoFA 2012  must fail because the requirements to give, inform, etcetera the keeper/hirer have not been complied with.

kensiko

Thanks for all the helpful replies regarding Motability.
At this stage I don't know if they even know about that part of it, it's something I have only mentioned here.

The NTK was posted only 4 days after the 'offence' so I assume with Motability vehicles the keeper is the customer direct as there was not enough time to go through Motability first.

As this was so quick I assume the keeper was indeed my dad so would the IAS even know the car was a Motability vehicle at all?  They may just think it's a standard car when they got the keeper details.

I believe the official keeper of my lease car is the company/financer on the V5 and not myself which is different to Motability cars.

Some old news on the Motability website would back this up where it states:
"The registered keeper is the person whose name is registered with the Driver & Vehicle Licensing Agency in Section 5 of the vehicle’s log book or V5C. In the case of Motability Scheme cars, this is the customer."
https://news.motability.co.uk/scheme-news/manufacturer-recalls/#:~:text=The registered keeper is the,cars, this is the customer.

Fruitcake

Ah, so it looks like your late father was the registered keeper, and it is his name and address that appears on the V5C, in which case forget everything about it being a hire/lease car.

This is good news because it means Motability aren't involved and therefore won't pay the charge on his/his estate's behalf, even though they (Motability) might be the owner. 
The DVLA only holds details of the registered keeper, not details of the owner. The V5C actually says it is not proof of ownership.

You need to find the V5C to confirm all this. If that is indeed the case then what you have done so far is fine.