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I've speed read this thread so apologies in advance if I've missed something.

 

As I understand it the RK was not the driver. The ®K has been timed out (fairly or otherwise) from going down the appeals route.

 

It is however still not too late for the ®K to identify the driver and thereby start the whole appeal process (again?) for the driver.

 

If these were BPA Ltd members and therefore POPLA was the route I would strongly recommend this, however, as they are believed to be IPC Ltd, then it's a judgement call, but to be honest, if the driver hadn't forewarned me about it I'd have no qualms about putting the hassle back on him/her and let them come on here for their own advice on the appeal process.

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Cobra 11

I agree with armadillo 71 in full on both statements.

 

The Registered Keeper has the option if they so choose to name the driver and thereby legally absolve themselves from 'keeper liability' under PoFA. No one has yet pointed that out that option to the OP

 

I rather think that's an option for the RK to consider (and discard) if they want to, after all, should this matter go pear shaped it's the RK that's left to carry the can and not the anonymous posters on this forum

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The Registered Keeper has the option if they so choose to name the driver and thereby legally absolve themselves from 'keeper liability' under PoFA. No one has yet pointed that out that option to the OP

 

I rather think that's an option for the RK to consider (and discard) if they want to, after all, should this matter go pear shaped it's the RK that's left to carry the can and not the anonymous posters on this forum

 

Post #7 Clearly states "No signage at the entrance". That means. ......... No Contract entered into.

 

If it all went "pear shaped". I assume your referring to Court.

 

With no contract that should be interesting

 

Unless you are now suggesting there is no requirements for signage.

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I see Nev's point, give the problem to someone else if you cant handle it but most people come here because they DO want to fight an unfair charge.

So, if you think that the driver should have all of the hassle then you can anme them at any time but I would advise you to at least make sure that they know that there are ways to defeat claims.

My latest battle is against me as keeper, yes I could have passed the buck but decided it would be to the advantage of the driver and the public in general for me to defend, Im semi-retired and so have the time and inclination to do this. I urge that RK's who were not driving do take the matters on because eventually enough bad publicity will cause parliament to revisit this Act- you must moan at your MP about the law if you beat a parking co in court as then the politician will realise that the law isnt doing waht it is supposed to do, namely help owners of land determine how it is used, not giving a blank cheque to ex-clampers.

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  • 3 weeks later...

Just a quick up date.

 

 

Must be confusing working in the same office. It would appear the R/K has received two letter dated 24/02 Zenith 25/02 Deb Recovery +, Copies attached

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  • 2 weeks later...
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