NCP stopped on disabled bay

Fruitcake

I wouldn't go into so much detail. The NTK is not PoFA compliant because the mandatory wording has not been used, and if the alleged event occurred at a railway station, then the site is not relevant land because byelaws apply. 

GreatDriver

I don't quite understand, so what is wrong with PCN. Am I just entitled to refuse to name the driver? What is mandatory wording not used? I'm honestly lost here. I read few treads about PoFA and non PoFA compliance but can't see what is differing those 2.

GreatDriver

So anyway, I follow what Coupon-mad said- it's not PoFA compliant. 

And what The_Slithy-Tov said in one of his treads:
If the PPC knows who the driver was, then they know the party who allegedly entered into a contract with them, and can pursue that person (though see below).

If the don't know who the driver was, then they can't pursue them. Prior to POFA, that stuffed them, as they could not take action through the courts, as they could not be sure who to go after.

POFA allows them to go after the Keeper if they don't know who the driver was, so they now have someone to take to court if necessary. However, there are a few hurdles they must jump in order to do this:

• The incident must have happened in England or Wales, as POFA does not apply to Scotland or Northern Ireland
• The Keeper must also be in England or Wales, as they can't take a resident of Scotland to court in England without a massive amount of legal footwork which would be too expensive/difficult for them
• ALL the requirements of Schedule 4 of POFA must be met, particularly the serving of the correct notices (Sec 7-9) with exactly the right information in them. This is the bit most PPCs don't get right most of the time, thus preventing them from holding the keeper liable

GreatDriver

I just delete paragraphs about location and send the rest. Thank you for your help!

Coupon-mad

Or use the shorter version posted loads of times by @nopcns as I already advised.

A quick look at his profile finds all his comments.

GreatDriver

I found one, sorry I didn't see any before , had to dig a bit for it, my bad
Anyway I send a bit longer, less sharp but focused on the same point appeal. Had to do it before midnight I believe.
I will keep you up to date about the response.

I don't know how to say thank you for doing what you are doing.
I think you told me about it before - writing the letter to MP. 
I had allegation few months ago for being parked down there for few days (they had camera problem because of snow I believe), that was very frustrating to comunicate to them just because they picked you. I waited for the letter from the layer and contacted them with success.
But I'm also regreting little bit I did't follow suggestion to counter sue them 2 years ago for issuing so many tickets braking the basic code of practise.

nopcns

I don't know why, after reaching advice, you would "edit" and add to the suggested appeal.

This is all that it required and the "tone" is just right for these thug, ex-clamper scammers:

This is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual trick of asking for driver details in order to get around the fact your NtK does not comply with PoFA. As there is no keeper liability, therefore, liability cannot flow from the driver to the keeper and so, is an automatic win at POPLA. Please cancel the notice or issue a POPLA code at which point you will auto withdraw.

GreatDriver

Well done! 
Already cancelled. 

Thank you for your support. I'm going to share it with local colleagues 

Coupon-mad

GreatDriver said:

Well done! 
Already cancelled. 

Thank you for your support. I'm going to share it with local colleagues 

Easy when you know how, when the NTK is non-POFA.

  

Tell colleagues never to rush (no looking at the first 14 days discount bribe!) and not to appeal as driver.

Come here first in future, as the landscape will change later this year with Government regulation if they get it over the line at last.