Hi hope you're all well,
I received this ticket while on a visit to BMW to pick up a car battery which weighs at least 10KG.
Not sure how I got this ticket but would love some advice
PCN :
https://ibb.co/t1L2MRShttps://ibb.co/FkK4NG0BThanks!
Come back when you've unreacted every date and time from the NtK
Come back when you've unreacted every date and time from the NtK
Can't see any modify options anymore but here is the updated upload
https://ibb.co/kYN6NBYthank you
Err, unredact, in other words please leave them clear, you seem to have gone the other way and covered them up even more …… yes, the earlier post said unreact but we need to know dates to establish various things.
Hide your name, address, VRM and PCN reference - let us see everything else
Hide your name, address, VRM and PCN reference - let us see everything else
Apologies.. here is the updated edit -
https://ibb.co/xtBM1k8X
Any advice for the above?
Thanks
Have I entered wrong information?
Shall I just appeal this PCN with a receipt of my battery and say I was loading a heavy purchase?
Would appreciate some help,
Thanks
The Notice to Keeper (NtK) is not PoFA compliant as it breaches paragraphs 9(2)(a) and 9(2)(e)(i).
Easy one to deal with… as long as the
unknown drivers identity is not revealed. There is no legal obligation on the
known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the
unknown driver and no inference or assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which means that if the
unknown driver is not identified, they cannot transfer liability for the charge from the
unknown driver to the
known keeper.
Use the following as your appeal. No need to embellish or remove anything from it:
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. PPS has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. PPS have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
The Notice to Keeper (NtK) is not PoFA compliant as it breaches paragraphs 9(2)(a) and 9(2)(e)(i).
Easy one to deal with… as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.
Use the following as your appeal. No need to embellish or remove anything from it:
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. PPS has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. PPS have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
Appreciate the help! Had this just sent over, thanks again.
The Notice to Keeper (NtK) is not PoFA compliant as it breaches paragraphs 9(2)(a) and 9(2)(e)(i).
Easy one to deal with… as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.
Use the following as your appeal. No need to embellish or remove anything from it:
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. PPS has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. PPS have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
I have received the following reply regarding the appeal
https://ibb.co/ksdZ4t1R
SO you appeal to POPLA with the following points:
The Notice to Keeper (NtK) is not PoFA compliant as it breaches paragraphs 9(2)(a) and 9(2)(e)(i).
Put something together after doing a search of the forum for other POPLA appeals to see the format and then show us so we can provide further advice and guidance. You have 33 days from the appeal rejection date to submit your POPLA appeal.
Agree x 1
View List