NTK received from Britannia parking after 60 days

Gr1pr

Yep, use that and only appeal as keeper ( or use what coupon mad said. )

Coupon-mad

Why aren't you using the wording I gave you?

ac1970

https://forums.moneysavingexpert.com/discussion/comment/82154585#Comment_82154585

surely we are not at that stage yet? They haven’t said they are pursuing me on the assumption I was the driver (yet). Your reply would be useful later should they pursue, but surely my first defence is the fact they have not issued the NTK in time?

James_Poisson

You should go with the wording @Coupon-mad has given you she knows what she is talking about and has been advising on here for in excess of 14 years that I know of and is on the committee set up by the government to look into private parking.

Your reply hasn't much meat on it uses the word "offence" where did you get that from?

They will just use the Elliott v Loake (1982) argument (which is incorrect in this instance).

Also if you was driving or do know who was do not say "I do not know who was driving" just refuse to name them.

C-M's reply shows you are on the ball and in the know yours is a little naive, sorry.

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/82154797#Comment_82154797

They all pursue people on that flawed Elliott vs Loake basis, as part of their strategy , their M.O.

Look at any recent Moorside Legal & B W Legal cases and you will see that its their mantra on behalf of their clients

You would be better off just accepting the advice you have been given, especially the advice and help given by coupon mad, based on her knowledge, experience, and current "job" on the MHCLG steering committee. !

Here is a Smart Parking case that failed the Pofa2012 deadline

https://forums.moneysavingexpert.com/discussion/6682844/smart-parking-ias-and-drp

https://forums.moneysavingexpert.com/discussion/comment/82132210#Comment_82132210

https://forums.moneysavingexpert.com/discussion/comment/82132210#Comment_82132210

ac1970

fair enough. I know that coupon-mad knows what she is talking about but does the defence have to sound so offensive? I know these companies are scum but surely it’s better to be polite than use terms such as “your ilk” ? 😆

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82154922#Comment_82154922

You don't have to be quite as pushy as the way I write an appeal but it sees them off, so it is deliberate.

You might want to remove 'you and your ilk' if you are uncomfortable with that phrase & effectively calling them out as part of a rogue sector!

But my advice is designed to stop them immediately. No POPLA, nothing else needed. All ten were cancelled and dropped like hot potatoes by Britannia for my relative.

Gr1pr

I think that the 15 years of fighting against these cases, appearing on tv, explaining the topics to a succession of Ministers and MP's and reporters , crossing swords with the BPA, IPC, Gladstones, debt collector companies etc has probably hardened her overall attitude, those people know why she is peed off with the whole unregulated industry, as am I too, so these days she pulls no punches, I am glad about it, and glad that she and Martin Lewis agreed to the latest MSE advice on private parking company charges in the link box at the top of this forum

I also know that if most of the regulars on here were to say what they really thought about the whole rotten industry, we would be banned for offensive language ( its a very emotive subject, especially if its affecting family members and friends. ) so i suppose its actually a toned down version, lol

Look at that recent Smart Parking case I linked above

Coupon-mad

However Smart are in the IAS and that lets them lie about Elliott v Loake. POPLA doesn't allow that rubbish, so Britannia will know they can't win against a feisty registered keeper.

ac1970

ok thanks. Is it worth me adding any wording about it being a non-POFA notice or not?