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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      By lookinforinfo · Posted

      Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Northern Ireland Council PCN given to blue badge permit holder, registered keeper not the driver at the time

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éire

éire

Posted
Posted

Council issued a PCN to blue badge permit holder for alleged contravention whilst parked in the street permit area,

 

disabled user had an appointment in the vicinity and the blue badge permit was displayed,

carer assisted a family member to the appointment with the loan of keepers car as carers broke down.

 

Carer was a family "friend" and she did not inform the Registered keeper that she received a PCN.

Registered keeper was unable to challenge alleged contravention, and was unaware until a letter arrived at the registered keepers home months later! 

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éire

éire

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Owner responded to parking enforcement processing unit (NI) stating that a carer was driving and received this pcn.

 

Threat of enforcement - clamping of car, or court proceedings! Still from parking enforcement processing unit.

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dx100uk

dx100uk

Posted
Posted

is this northern Ireland?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Northern Ireland Council PCN given to blue badge permit holder, registered keeper not the driver at the time
Michael Browne

Michael Browne

Posted
Posted

Is the letter of threat of enforcement! headed Notice of Enforcement of Charge Certificate?

 

If so it will explain how to make a Statutory Declaration on the grounds that the person appealing sent a representation to DfI but did not receive a Notice of Rejection

 

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Manxman in exile

Manxman in exile

Posted
Posted
17 hours ago, Michael Browne said:

Is the letter of threat of enforcement! headed Notice of Enforcement of Charge Certificate?

If so it will explain how to make a Statutory Declaration on the grounds that the person appealing sent a representation to DfI but did not receive a Notice of Rejection

 

I may be mistaken but is it clear that @éire actually made representations at the appropriate time?

 

I read it that the first they knew about this was the arrival of the Notice of Enforcement.

 

I know that you asked them if they'd made representations, but I'm not certain that they answered "Yes" to that question.  (I took their answer that "Owner responded to parking enforcement processing unit (NI) stating that a carer was driving and received this pcn..." to mean that they'd queried the Notice, not that they'd made any representations earlier in the process.  I don't think they ever knew about the PCN the carer got.).

 

But I may have misunderstood...

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éire

éire

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Yes the owner was only aware on the arrival of a notice of enforcement.

Owner tried to speak with a manager at parking enforcement processing unit but to no avail.

 

Owner rejected their claim for monies allegedly owed by the registered keeper, as a family member was able show the online images that the blue badge permit was on clearly display in the photos.

 

As the disabled user needed to attend an appointment in the immediate area and needed assistance. Disabled user was instructed by a government body that the blue badge permit allows parking anywhere as long as it's not causing an obstruction,

 

they parked in a street that no longer had through access for road users, pedestrians were able to use the street to get into the city centre (though parking was still available to permit holders, loading bays and on street parking etc as businesses were still open ) as the council put barriers up and work was ongoing at a huge store that had a fire.  

 

Owner is not willing to pay this alleged contravention, this carer is no longer in business. 

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Manxman in exile

Manxman in exile

Posted
Posted

Sorry but I'm no expert on parking matters and I don't know if the process in NI is the same as in England.

 

I think that what @Michael Browne was saying in #10 is that if the registered keeper had submitted initial representations against the ticket, but never got a reply, then the RK could file a Statutory Declaration to reset the process.

 

But if I've understood correctly, I don't think that avenue is open to the RK as the RK didn't make any initial representations because they never knew about the ticket until now.   (Or at least I think that's what you are saying?)

 

I'm afraid I don't have the expert knowledge to help you.  In order to get the right people to  give you the correct advice I think it would be helpful if you could give an itemised timeline in chronological order.  Include details of what has happened; include dates and details of all correspondence received by the RK and who it was from; include details of all responses made by the RK.  Include everything that you know has happened.

 

What I don't quite understand is that it sounds like several notices to the RK must have gone astray for it to reach this stage.

 

Good luck - I'm sure others will chip in

 

 

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