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ch_golfer

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About ch_golfer

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  1. Thanks guys I'll write back to them stating there is no obligation for us to name the driver and will not do so. Then tell them to re-consider the points raised in the original appeal and either cancel the charge or take it to the IAS. Will let you know the outcome - I assume it will take another few weeks before getting any response
  2. Thanks for the link Armadillo - I'll review it over the next few days. I had no intention to provide the drivers name, so should I just write to UKCPS stating that I have no obligation to do this and ask them to consider the points in my appeal and either cancel their claim or refer to the IAS. Or should I try to go into the technical legal problems of their NTK letter. I have a feeling this will just be ignored anyway, but if it is worth it then I will provide a redacted version of the NTK for review in the next few days.
  3. Hi Thanks for the quick response. No they have not referred this to IAS yet. Instead they are wanting to know the driver. My view is that irresepctive of who the driver was, they have not responded to the other points in my appeal. In particular the point on VCS vs Ibbotson which to me implies they stand no chance in court. So naming the driver in this case seems to me to be not relevant anyway, So should I as Armidillo is saying highlight the fact that the NTK is not correct wrt POFA (I am not sure of this); it is the standard letter they send out which I have seen on other threads. If this is really required, I'll work on getting a redacted copy on here in the next few days. It would be good to understand where we are on the legal side with not providing the driver which is the advice I have seen on many sites so presume it is ok. Or should I just repeat again the points of my appeal saying it is futile for them to take this any further.
  4. Hi All, Just returned back from holiday and the UKCPS have replied to the appeal. It looks as though they have not taken up any of the points outlined in the appeal and probably not even read the letter. They have not rejected the appeal but have noted that we were not willing to name the driver. They are requesting that we inform them of the driver of the vehicle, or if not, there is a lot of waffle but basically saying that they can recover costs from the keeper. They quote POFA schedule 4 sub para's 8.e.(1) and 8.e.2. Can anyone inform the best way forward. Best Regards
  5. Many thanks all for the swift response. I'll post off the appeal getting proof of posting and await the response Will let you know how it goes.
  6. Hi In mid August we got a parking ticket "observed leaving site" at a UKCPS car park. We took the advice here and waited for the NtK. So have not yet contacted them The NtK has now arived (within the time constraints) and now I am going to challenge the charge based on the following. I've used various templates to gather what I think is most relevant 1 the attendant did not attempt to mitigate the loss. 2 A previous court case (ie VCS vs Ibbotson) have ruled that leaving the site is not a breach of contract. 3 There can be no loss as the car park was half empty both on entering and leaving 4 Signage is sparse and is not clear and so no contract was entered 5 The boundaries of the car park are not clearly defined - a public footpath runs through at one end 6 No proof that the driver has actually left the site Is there anything else I could mention. I wanted to keep it brief at this stage; or should I ommit anything, From the UKCPS site it seems I have to send this appeal by post. Does anyone know if I can do this online or by email and provide the details Any assistance would be much appreciated
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