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« on: September 11, 2023, 03:30:27 pm »
Thanks for all the advice so far. I'm coming back with some new information and having absorbed the advice given. I have tried to follow the guidance in the sticky and also followed the info on the MSE forum.
1. The EV was parked in a retail car park. I now have photos of the signs and also now know the landowner and the EV charger owners.
- I have spoken with the landowner, who initially said they would speak to the enforcement company (Civil Enforcement) to have it rescinded. However, they then changed their mind when I Forwarded the enforcement notice to them.
- I have also spoken with the EV charger company, who are unwilling to assist in any way (InstaVolt).
2. The car is a lease vehicle and the enforcement notice was sent to Lex Autolease. However I have probably identified myself as the driver (see below).
3. When I first received the enforcement notice (by post), I was not aware of these forums and did not follow the advice herein. I appealed online on the basis of conflicting signs (charger says 4 hour max stay, car park says 90 mins). They rejected and now state my only recourse is to POPLA. They provided a code. I do not have a copy of my appeal as it was an online form. I am fairly sure that I was not careful with my language and have probably identified myself as the driver.
4. I also submitted a second appeal online - their system allowed me to even though they had stated that I had reached the end of the appeal process. In this one, I did not state myself as driver (horse bolted etc). Their first appeal rejection was directed to me personally at my address - the second to LEX Autolease.
5. They have sent to me a photo from the car park (attached). The headline of the sign states "90 MINUTES MAXIMUM STAY FOR KFC CUSTOMERS ONLY". I did not use the car park as a KFC customer. I used it as a customer of the EV chargers. It would be reasonable to use a charger for more than 90 minutes and the sign reads to me as applying only to KFC customers. I believe this is a reasonable defence and would be happy to go to court on that basis.
I suspect that the whole keeper/driver thing is irrelevant now as I probably identified myself.
However, I feel comfortable challenging this in court on the basis of using the car park for an encouraged activity (charging) which reasonably takes longer than 90 minutes. Furthermore, the sign that says 90 minutes states "FOR KFC CUSTOMERS ONLY" and I was not a KFC customer.
Some other explanations:
1. I have an enforcement notice, which was posted to LEX, who made it available online.
- So I do not have a NTK.
- I only have the front page and the second page is not available (which includes "Details and Ways to Pay").
- Therefore there are elements of POFA 4 (9) that have not been served to me.
- The part that I have does not state that the creditor does not know the name of the driver (POFA 4 (9.2.e)).
- It was posted to LEX and nothing has been posted to my address (despite them knowing my address) (POFA 4 9.3).
2. I have one letter "Response to Representation", directed to me, which states that I have two options: Pay the original reduced charge (which was sent to LEX not me) or appeal to POPLA.
3. And another letter "Response to Representation", which is not mine but sent to LEX (emailed to me).
I am a little unsure about where I stand around the whole keeper/driver/leasing aspect of this now.
I think I should tell LEX not to pay on my behalf.
The key thing to me seems to be that Civil Enforcement have not sent me any NTK (the only thing they have sent to me is an appeal rejection from a notice served on another entity).
So do I do nothing and see what they do next? Is there any benefit to this timing out at some point if they haven't served details?
Should I use POPLA appeal now?
Or should I write to them, with my objection - I'm wary of writing to them and encouraging them to send me stuff back, when at the moment they haven't actually served any NTK or enforcement on me.
Thanks as ever.
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