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Comments

  • Tapluk3
    Tapluk3 Posts: 118 Forumite
    100 Posts First Anniversary Name Dropper
    Oh sorry i am lost now
  • Tapluk3
    Tapluk3 Posts: 118 Forumite
    100 Posts First Anniversary Name Dropper
    Yes they are 2 different occasions as i have stated all along, only photos i have are what i supplied on here, ukpc did not send me 2 photos of each re- observation time, are you saying please they should have sent more photos on my Sar? Also as you know i have stated i never recieved any letters from ukpc or dcb until 12th. October 2021, do you not think i would give the drivers details after the stress and sleepless nights this has caused us, my hubby was on this at 4,.15 am today and as you can see has spent hours on here today, confused.com

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 18 January 2022 at 7:41PM
    Their photos will be used by them at the witness statement stage , on several months time !

    Each PCN , windscreen and postal , should comply with the BPA CoP relevant at the time , 2016

    The postal notices in their SAR return should comply with POFA if they want to hold the RK liable as a defendant , as in your case

    I already told you that it's too late to name the driver , even if somebody was to own up , they don't care about the driver because they want their money from the registered keeper as the defendant !

    You and us may like to know who the driver was that has placed you into this Court case , even if it's only to get them to pay up , or for you to take them to court for the money and distress caused , but it doesn't stop the UKPC juggernaut coming after you

    Not receiving the letters is no defence ! They don't have to prove receipt , only proof of posting

    Please note that we on here give advice and opinions and explain matters

    You are free to consult with a qualified lawyer at any time , a solicitor for example , like the claimant has done

    Just be thankful that it wasn't a fatal road accident with the Police on your case , as RK of the vehicle , asking questions like , who was the driver ? Where were you on that day ? Who had possession of the keys ? Did you give the driver permission to drive the car ?  Etc

    This is just a dispute over money !

    Trying to help you is stressing me out !
  • Tapluk3
    Tapluk3 Posts: 118 Forumite
    100 Posts First Anniversary Name Dropper
    Ok Redx sorry about that but thanks for the help you gave me anyway, take care
  • Coupon-mad
    Coupon-mad Posts: 155,669 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Are you saying the SAR only gave you ONE photo for each incident?  Nothing to prove the claimed observation time as stated on the PCNs?

    That's good because they have shown no evidence of grace period. As I keep saying.  I told you a few replies back what to put about that.
    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
  • Tapluk3
    Tapluk3 Posts: 118 Forumite
    100 Posts First Anniversary Name Dropper
    No, unfortunately not Coupon-mad, i just looked and 1 pcn photos from  11.16 to 11.23 and the other from 10.32 to 10.44, they did send several photos, sorry, we doubled checked with Basildon council yesterday just to confirm the parking area was private and not council run, the lady confirmed it was " private" just to add I sorry we seemed to have stressed Redx out as he like yourself has been extremely helpful, but to state our case as well, my hubby is an excellent mathmeticion and could probably outsmart most Joe public in that field, BUT, this is all new to us having never had to study anything like this in our lives, so Pofa in any shape or form, 2012 or other dates we just do not understand anything about it whatsoever, we have studied but unfortunately just cannot get our heads round it, so as Redx said to look at pofa rules for 2016 we did and afraid cannot see if or what our case applies to it, sorry we are far from thick but obviously not educated enough to understand this particular Pofa thing, again i apologise sincerely for upsetting him, this was never my intention, thankyou
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 19 January 2022 at 11:01AM
    No I did not , Redx said. Check the relevant CoP from 2016 , not POFA ( POFA dates from a fixed date , 01 October 2012 )

    In this case it's the BPA CoP in force in 2016 when the event took place which was my advice , it's version 6 in this case

    As for POFA , you may not understand it , same as with hundreds of other laws , but if that law applies to you then it's time to get a legal opinion on it , meaning that you would consult with a lawyer , like probate or conveyancing or a criminal lawyer if an offence was committed ! You are consulting with us , for now

    I am not saying that you should pay a solicitor , but it's an option for those unfamiliar with the law ( I have 2 relations who are qualified solicitors , who know little about this particular topic , few do ). Ignorance of the law is no defence ! No matter what age you may be , so playing the age card doesn't help , even if you were in your nineties like Prince Philip was with his car accident

    As for the times , they didn't allow much observation period on at least one PCN , plus no proof of before and after pictures to record the timings , which is what we were getting at

    POFA is about keeper liability , or not ( the law )

    The CRA 2015 is a consumer rights act law , regarding contracts etc ( so another law )

    The BPA CoP is the rulebook that UKPC signs up to ( currently on V8 , January 2020 edition , not the one you should be looking at for 2016 ( not a law , but a voluntary code of practice )

    You should study the replies more carefully , legal matters use words carefully


  • Trainerman
    Trainerman Posts: 1,329 Forumite
    1,000 Posts Fourth Anniversary Photogenic Name Dropper
    Just remind me/us ..... have you sent your Defence, and more importantly has anyone on here critiqued it for you ?
    The pen is mightier than the sword ..... and I have many pens.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Just remind me/us ..... have you sent your Defence, and more importantly has anyone on here critiqued it for you ?
    The OP is at the N180 stage and it's due next week ! The defence has already been submitted ( before they came here )
  • Trainerman
    Trainerman Posts: 1,329 Forumite
    1,000 Posts Fourth Anniversary Photogenic Name Dropper
    Redx said:
    Just remind me/us ..... have you sent your Defence, and more importantly has anyone on here critiqued it for you ?
    The OP is at the N180 stage and it's due next week ! The defence has already been submitted ( before they came here )
    Ah ok. Thanks @Redx I had forgotten that
    The pen is mightier than the sword ..... and I have many pens.
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