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A thread of Pictures of parking firm NTKs

145791012

Comments

  • Coupon-mad
    Coupon-mad Posts: 131,188 Forumite
    Name Dropper First Post Photogenic First Anniversary
    VCS 
    Vehicle Control Services Ltd



    POFA worded NTK version.

    Can anyone fine a non-POFA VCS one, we've had shedloads this year, I know!

    Normally they are non-POFA.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Hi
    Please find attached the VCS NTK as requested.




  • Coupon-mad
    Coupon-mad Posts: 131,188 Forumite
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    edited 28 November 2023 at 5:16AM
    Thankyou @SumySani

    VCS 'non-POFA' NTK
    ...non-POFA partly because this is an Airport site (not relevant land) and partly due to this paragraph which says wrongly (unlawfully, according to VCS v Edward) that a keeper can somehow be 'assumed to be the driver' (errr...no):





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  • Just a point about PoFA compliance. Some of the allegedly PoFA compliant NtKs shown, use the words "You are advised..." instead of "You are warned..." when referring to the 28 days after which the RK will become liable.

    PoFA 2012 9(2)(f) specifically states "The notice must warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given..."

    The following argument could be used to hammer the point home:

    In arguing the case that a Notice to Keeper (NtK) from an unregulated private parking company is invalid due to the use of "advised" instead of "warned" in relation to liability, consider the following points:

    1. **Specific Language of PoFA 2012:**
       - The Protection of Freedoms Act 2012 (PoFA 2012) sets out specific requirements for NtKs, particularly in relation to the liability of the registered keeper (RK). It explicitly uses the term "warn" when describing the notification to the keeper about their potential liability.

    2. **Legal Precision:**
       - Legal documents and statutes are often drafted with precision. If the legislation specifies the use of the term "warn", it implies a deliberate choice of language, and deviation from this language may be argued as a failure to meet the legal requirements.

    3. **Intent and Clarity:**
       - The use of the term "warn" implies a certain level of seriousness and urgency. It suggests that the registered keeper needs to be clearly made aware of the consequences and potential liability. If the NtK uses the term "advised" instead, it may be argued that it does not meet the required level of clarity and seriousness as intended by the legislation.

    4. **Purpose of Warning:**
       - PoFA 2012 includes the requirement for a warning to ensure that the registered keeper is informed about their potential liability and the importance of addressing the matter promptly. If the NtK uses a softer term like "advised", it may be contended that the purpose of the warning, which is to convey a sense of urgency and potential consequences, is not adequately fulfilled.

    5. **Legislative Compliance:**
       - Compliance with legislative requirements is crucial for the validity of any legal document, including NtKs. If the language used in the NtK deviates from what is prescribed by the legislation, it may be argued that the document fails to meet the statutory requirements and, therefore, is not legally effective.
  • bex_84
    bex_84 Posts: 35 Forumite
    First Anniversary First Post
    edited 23 November 2023 at 10:24PM
    Parking Eye NTK

    Hi, I have read through the Newbie post so will start my own thread but I'm also posting this here incase it's of interest/help


  • Coupon-mad
    Coupon-mad Posts: 131,188 Forumite
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    edited 19 March at 4:41PM
    Civil Enforcement Ltd

    POFA version here


    ************************************************
    Non-POFA version below:



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  • Coupon-mad
    Coupon-mad Posts: 131,188 Forumite
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    PREMIER PARKING SOLUTIONS LTD

    IPC AOS, not to be confused with other firms using that acronym 'PPS') a non-POFA NTK:


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  • Coupon-mad
    Coupon-mad Posts: 131,188 Forumite
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    edited 29 November 2023 at 1:18PM

    Globe Protection Ltd (IPC firm)

    POFA NTK


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  • Coupon-mad
    Coupon-mad Posts: 131,188 Forumite
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    APCOA parking charge (non-railway case)

    always non-POFA 2023 - easy appeal win:


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  • Coupon-mad
    Coupon-mad Posts: 131,188 Forumite
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    Euro Car Parks Ltd - BPA

    Subtle difference in the new words on the back.
    Nov 2023.

    They now have a POFA compliant NTK:


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