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VCS not seeking to rely on POFA

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  • VCS not seeking to rely on POFA

    I received a notice to keeper from Vehicle Parking Services (part of IPC) for parking for 93 min (only 60 are free), referring me to pay on myparkingcharge.co.uk. The 'contravention date' is 12/01, and the notice is dated 27/01 and delivered a couple days after, which I believe should make it invalid under POFA as it should have been received within 14 days (by 26/01 at the latest, if my maths is correct).
    I have appealed (no success) and they insist 'In your particular case we are not seeking to rely on POFA 2012. Despite the points you raise, we will continue to pursue the matter on the reasonable assumption that you were the driver of the vehicle on the date in question until information/evidence to the contrary is provided.' I have no evidence to show them that I was not the driver, but neither do they have evidence whether I was the driver or not.
    I saw this 'not seeking to rely on POFA' issue come up in a few threads, but it wasn't clear if this alone can be grounds for fighting back any court action they may initiate. Any thoughts on this would be most welcome.
    In their appeal rejection letter VCS suggest I can appeal to IAS, but will lose the discount if settling the matter now (60 pounds will go up to 100)

    This was the appeal that I sent them (following advice in previous threads), and which they declined:
    "Dear sirs,
    I, as registered keeper, wish to invoke your appeals procedure. I note the protection of freedoms act 2012 schedule 4 section 9 states that for keeper liabilty to apply the keeper must receive a notice to keeper within 14 days. The date of the incident was 12/01/17 and your notice to keeper is dated 27/01/17 and delivered sometime thereafter. For keeper liability to apply, the notice should have arrived no later than 26/01/17.

    In any event your charges are penal in nature and not a genuine pre estimate of loss.

    Should you reject my appeal please supply a popla code and be warned that I will constitute any further unwanted contact as harassment and will sue as per Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) , Roberts v Bank of Scotland Plc (Rev 1) [2013] EWCA Civ 882 (11 June 2013) and Bank of Scotland v Johnson (Rev 1) [2013] EWCA Civ 982 (19 June 2013).

    Yours etc"

    Many thanks
    Last edited by CHM; 8th February 2017, 11:36:AM.
    Tags: None

  • #2
    Re: VCS not seeking to rely on POFA

    You won't get popla, wrong trade association. IPC is theias for appeals. BPA is for popla.

    As for not using PoFA, that is their choice. That choice however, should mean they need evidence of who the driver is.



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