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Reference PoFA Registered Keeper on Court Defence?


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Submitted separately so this question cannot be linked back to the case in question...

 

Is it worth including reference to PoFA in a defence submitted after receiving an N1 claim form even if the registered keeper was the driver at the time? Is the argument that the PPC shouldn't be allowed to come after the registered keeper regardless whether they were the driver or not, or could it go against the defendant if the judge has strong suspicions they were the driver?

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Hi.

 

Why don't you want to add this question to your existing thread? I expect the advisers will try to help you, but they normally like to see the history of a case.

 

HB

Illegitimi non carborundum

 

 

 

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Dont try and mess about with this, if the parking co failed to follow the protocols then they have to prove that the keeper was the driver at the time. If they got the original NTK right then your argument is a losing one and you have to concentrate on things that will be successful

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The best way is to read as many threads on here as you can to help give a clearer picture so you understand the ins and outs of deliberations should you have to go to Court. 

 

Obviously the PPC's have a problem finding the driver details if the keeper has not revealed them. If they are relying on PoFA to use you then they should only be demanding £100 plus Court costs. If they ask for £160 plus, then they are overcharging in the form of a penalty as keepers are not liable for any extra charges that are mentioned their signage. And as a penalty The whole PCN is thrown out if they establishing you as the keeper. As EB said above, the may not have the right to pursue you as the keeper if  they have failed to comply with PoFA in any way and that would include if the land was subject to Byelaws.

 

It is up to the PCC to prove that the keeper was Also the driver. So it helps if  your insurance policy has more than just your name on it. In addition. If other members of your family or friends drive your car on occasion then say that in order to show that you may not have been the driver on that day. The PLC are put to strict proof who the driver was when they cannot chase the keeper. Also it appears that even if their signage mentions that they can charge extra for debt collection\ admin or whatever. Judges feel that the customary £60 that is added to the PLC is too much and the £60 could be a penalty and so the case is thrown out. there may still be Judges Who disagree with that but worthwhile poo ting it out.

 

If the PPC hAve not applied for Council planning permission for their signs and ANPR then they are also in breaCh of Consumer Protection from Unfair Trading Regulations 2008. They hAve to comply with the Code of Conduct from their AOS and no permission=breach of conduct=fine or jail time. This appears to have more teeth than the Town and Country Regs

 

So worth trying that.

 

 

 

 

 

 

 

 

 

 

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