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Minster Baywatch / ANPR claim form received

1246711

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 13 December 2021 at 9:03PM
    Does that letter match with the description in item 7 on that list you were following when you filed your Defence?

    Here it is again...

    Prepare yourself for the next event by reading more of that list.

  • w12ee3e
    w12ee3e Posts: 142 Forumite
    10 Posts Name Dropper
    KeithP said:
    Does that letter match with the description in item 7 on that list you were following when you filed your Defence?

    Here it is again...

    Prepare yourself for the next event by reading more of that list.


    But apparently they want to 'mediate'....?

    Wonder what that entails.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    w12ee3e said:
    KeithP said:
    Does that letter match with the description in item 7 on that list you were following when you filed your Defence?

    Here it is again...

    Prepare yourself for the next event by reading more of that list.


    But apparently they want to 'mediate'....?

    Wonder what that entails.
    They actually say "Should you agree to mediation, please inform the court...".

    Having read Bargepole's 'what happens when' post linked from the NEWBIES thread you will know that mediation is not appropriate.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 13 December 2021 at 9:22PM
    Looks like you are not reading the advice by coupon mad or Bargepole that I Pointed you back towards in my previous reply

    Everybody gets that letter along with the claimants DQ , everyone

    It means nothing , it's a template they send to everyone , they don't suddenly think , oh let's mediate !!

    Bargepole warned against it about 4 or 5 years ago

    To us , it's predictable and very boring , because we have seen it thousands of times
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The Newbies thread covers the whole process.
    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
  • w12ee3e
    w12ee3e Posts: 142 Forumite
    10 Posts Name Dropper
    SAR success!

    Here's a copy of my NTK (heavily redacted) Any further thoughts?




  • Redx
    Redx Posts: 38,084 Forumite
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    edited 15 December 2021 at 6:36PM
    So an NTH , Notice to Hirer , I assume that no hire contract came with it ? So it failed POFA

    But POFA won't help you if you are the driver , if asked in court

    POFA assists a keeper or hirer who was NOT the driver !! 🤔🤔🤔
  • w12ee3e
    w12ee3e Posts: 142 Forumite
    10 Posts Name Dropper
    Redx said:
    So an NTH , Notice to Hirer , I assume that no hire contract cane with it ? So it failed POFA

    But POFA won't help you if you are the driver , if asked in court

    POFA assists a keeper or hirer who was NOT the driver !! 🤔🤔🤔

    Ah interesting, I'm not sure if I understand you 100% but no the vehicle is not a hire vehicle. But on the NTK it states Notice to Keeper Or Hire Company. Are they not allowed to do that if I understood you correctly?
  • Umkomaas
    Umkomaas Posts: 43,793 Forumite
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    edited 15 December 2021 at 6:36PM
    Showing us the dates on the NtK is essential to confirm whether there is any possibility of keeper liability under PoFA. Otherwise, the NtK is rather neither here nor there.
    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
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 15 December 2021 at 6:37PM
    w12ee3e said:
    Redx said:
    So an NTH , Notice to Hirer , I assume that no hire contract cane with it ? So it failed POFA

    But POFA won't help you if you are the driver , if asked in court

    POFA assists a keeper or hirer who was NOT the driver !! 🤔🤔🤔

    Ah interesting, I'm not sure if I understand you 100% but no the vehicle is not a hire vehicle. But on the NTK it states Notice to Keeper Or Hire Company. Are they not allowed to do that if I understood you correctly?
    They word it how they see fit , if you are not a hirer or lessee then ignore my point about the hire document , perhaps you should have given more background information when you posted it

    Plus you over redacted the picture so pointless posting it !!


    However , my point is still the same

    Either they did comply with POFA and so can try to enforce against the keeper

    Or

    The driver was or can be revealed and is possibly liable , with POFA a dead duck



    So the claimant has to prove their case against the correct entity

    A keeper who was also the driver could find that driver liability and also keeper liability apply jointly

    So now you can study the SAR reply , what is your take on it. ? Does it assist you ? Or does it show liability ?

    It's your job to determine this aspect for any private PCN , from day one
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