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Gemini PCN wording query
Hello, I have a Gemini PCN with slightly different wording to examples I've seen here so wanted to check
1: if the version I have fails the POFA requirements?
2: if an appeal on POFA grounds (Keeper was not the driver) stands a chance with IAS?
The forum generally says don't bother with IAS as it's too biased, but a thread from 2024 says POFA wording does stand a chance with IAS.
I wondered what the latest wisdom and track record of success/rejections is using the POFA-fail argument?
All help greatly appreciated. Thanks!
Comments
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1 too many redactions
2 recent cases where cooldude has helped with an IAS appeal may assist you
2 -
It would seem to have missed the wording in 9(2)(f), so I would say it is not compliant. That probably won't stop IAS rejecting the appeal however as they don't seem to be claiming compliance with POFA.
2 -
Definitely missing 9(2)(f) - the warning to the keeper that they will become liable if no payment is made and no driver provided.
Appeal to the operator on those grounds as keeper, refusing to identify the driver and specifically stating that their NtK is not POFA complaint.
The idea is to get them to specify that they are relying on POFA.
Then, when it goes to IAS, the Assessor might assess the NtK on the grounds of POFA rather than just spouting Elliott v Loake.
4 -
I looked through recent posts in 'IAS Decisions' thread, it seems IAS are by-passing POFA and assuming Keeper is the driver each time.
So if/when it goes to court is the non-POFA argument enough or could the judge also choose to ignore it?
I know the forum's expertise wins 99% of cases but as a newbie that 1% feels daunting and expensive.Thanks for your advice @ Gr1pr , I haven't been able to find the "recent cases where cooldude has helped with an IAS appeal". Could someone please point me to where I should be looking?
Many thanks!0 -
Non POFA is normally sufficient at Court - the omission on your NtK is significant rather than a small technicality.
2 -
Defending a court claim costs nothing at all. And no, a judge would not agree with the IAS.
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