ostell Hi wondering if there is anything that can be done, as the letters have been sent to the disabled person who doesn’t drive (motability car)
these are the letters they have been sent
Help with parking outside lines UKPC
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Help with parking outside lines UKPC
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I would write to them along the lines of acknowledging their letter, but point out that your letter as per post3 outlined a statutory defence and was not an appeal.
Point out that defence remains unchanged, and furthermore they cannot claim more than the outstanding alleged charge (PoFA2012 sch4 4(5) )
Point out that if they proceed to court, this correspondence will be brought to the court's notice and the defendant will be looking to recover their costs following UKPC's unreasonable behaviour in pursuing a claim that has no real prospects of success (CPR 27.14)
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they try all angles to part you from your money!
ignore the debt collectors as they have no power or authority other than to write to you.
If they threaten a visit you can write and tell them you have withdrawn their implied right of access to your property
Keep all correspondence
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Theregistered keeper's defence could be based on the fact that the Notice to Keeper does not comply with the conditions of POFA2012 Schedule 4 sec 9 (20 (a) in that it does not specify the period of parking.
Suggested wording of letter to UKPS (ignore ZZPS who are toothless debt collectors):
Dear Sirs,
I have received your Notice to Keeper xxxxx for vehicle VRM xxxx
You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to specify the period of parking to which this notice applies as prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.
There is no legal requirement to name the driver at the time and I will not be doing so.
I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.
Yours etc
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