Author Topic: Devere - PCN as driver was loading on 'Access Road' - Is keeper liability invalid?  (Read 124 times)

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Address: Station Approach, Bournemouth.

Hello,

Received a PCN as keeper as shown (I removed PCN number, addres and vehicle reg):





Driver loaded on double yellow lines for under 7 minutes. Evidence of actual incident (timestamped photos) are shown on payment page rather than NTK. Please help me with any or all questions:

1. NTK only states a time of issue rather than a period. Does this mean they cannot claim keeper liability under Schedule 4 PoFA (7) (2) a.

Which states: 'The notice must specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;'

2. As they are accusing the driver of a 'waiting' issue, surely this invalidates keeper liability anyway since keeper liability is meant for 'parking' issues, which is legally different from 'waiting.'

3. As the driver was loading, can Jopson be used as a defence?

4. As the area of the acccess roadway is not defined on sigange, can this be used as a defence?

5. Should I bother going through IPC appeal process?

Anything else I should be aware of?

Thank you  :)

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The ntk says reason, waiting /parking.
Where exactly was the vehicle loading?
Was it outside a property?
Cab you show photo of signage?

is that your vehicle with the door open, in the pic on the pcn?
if so it was clearly not on the roadway.
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