UKCPS NtK No Stopping Charge- Leeds Station

Coupon-mad

"objection appeal"

Do you mean appeal rejection?

You could add mention of the no stopping case appeal that a similar ex-clamper (VCS) lost - see the thread the other day by @ChirpyChicken

yarpsnehpets

Does the Claimant know who the driver was?

The original PCN was non-PoFA, meaning; that they cannot make the keeper liable in the absence of driver details.

You were asked previously whether the driver was revealed in an appeal?

PureVessel

https://forums.moneysavingexpert.com/discussion/comment/82037646#Comment_82037646

yes I do mean this! I will amend thanks. I’ll find this thread and add it, thank you :)

PureVessel

https://forums.moneysavingexpert.com/discussion/comment/82037715#Comment_82037715

Sorry missed this- every step of the process has been only the vehicle “keeper” and never identified the driver. On all stages of the appeal it’s just been vehicle keeper.

Saying that- there was a random scaremongering phone call a few months back (see page 2 of this thread) where they repeatedly called me every day for a month and affected my work- I answered one to stop them calling me and accidentally mentioned on call being the driver but not sure if this changes anything? 

Let me know what you think/anything to add about that?

yarpsnehpets

Yes. See what others might say. But I would add something like;

1. The driver is not known to the Claimant.
2. It is acknowledged that was the Registered Keeper at the material time.
3. That the Claimant is specifying reliance of PoFA keeper liability in order to hold me liable.
4. That PoFA keeper liability is not available in this instance as the Claimant's Notice to Keeper is not complaint with PoFA Schedule 4 Paragraph 9(2).
5. That the previous point is further demonstrated by the fact that the Claimant's own NtK specifies that the NtK is 'non-PoFA'
6. That with the driver unknown, and PoFA keeper liability unavailable to the Claimant, there is no legal route to liability in this matter.

Coupon-mad

I wouldn't use point 1 as that's untrue.

PureVessel

Thanks all- I took all the above advice/changes and submitted my defence to the MCOL portal. I will wait to receive the directions questionnaire through post and follow your steps in newbies thread 😊

Thanks for the help, as always.