Civil enforcement pcn at co-op

hypochondriac

nopcns said:

Perhaps going higher up the management food chain at Southern Co-Op with a complaint about the manager who does not appreciate who is the organ grinder and who is the monkey in their contractual relationship with the PPC.

Pointing out that not only will they be losing more than the £20 that you will never spend again at their stores, they will also be losing much more as you advise all your family, friends and acquaintances not to risk patronising their stores as it comes with the hazard of an additional invoice for £100 from an unregulated private parking company.

Do we know which PPC is involved here? Is the NtK PoFA compliant?

It is Civil enforcement. I believe reading the FAQ thread that they are not compliant but I could be wrong. 

hypochondriac

Here is the charge notice.

nopcns

As the NtK does not comply with the requirements of PoFA, only the driver can be liable for the charge. As long as the keeper does not identify the driver, there can be no liability for the keeper.

Have you identified as the driver? If not, the simple appeal in blue in the Newbies/FAQ thread will suffice.

Personally, I would simply appeal as the keeper with the following:

I am the registered keeper. Civil Enforcement cannot hold a registered keeper liable for any alleged breach of contract (which is denied) if they do not follow the strict requirements of PoFA 2012.

As the registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency, your NtK can only hold the driver liable. Civil Enforcement have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

Coupon-mad

We don't know that without seeing the back.

nopcns

Coupon-mad said:

We don't know that without seeing the back.

It doesn't matter what it says on the back as the date of the alleged breach and the date of the NtK invalidates any reliance on PoFA.

Coupon-mad

Ah good point - completely missed that!

hypochondriac

nopcns said:

As the NtK does not comply with the requirements of PoFA, only the driver can be liable for the charge. As long as the keeper does not identify the driver, there can be no liability for the keeper.

Have you identified as the driver? If not, the simple appeal in blue in the Newbies/FAQ thread will suffice.

Personally, I would simply appeal as the keeper with the following:

I am the registered keeper. Civil Enforcement cannot hold a registered keeper liable for any alleged breach of contract (which is denied) if they do not follow the strict requirements of PoFA 2012.

As the registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency, your NtK can only hold the driver liable. Civil Enforcement have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

That's very helpful thanks very much. 

hypochondriac

Coupon-mad said:

We don't know that without seeing the back.

Here is the back. Sounds like an appeal with the wording above is the way to go. If someone could just confirm that that is appropriate and that I can send that and nothing else other than the registered keepers data then I'll go ahead and submit.

hypochondriac

Sorry here it is. 

Coupon-mad

hypochondriac said:

Here is the charge notice.

Nopcns is correct. The dates are fatal to keeper liability, so as long as the appellant doesn't tick 'driver' when appealing, they can't lose.