Solicitors Letter Re: Unpaid PCN

[ostell]

Was it the same camera for both images

Post up the NTK suitably redacted.

What happened to,that letter saying it was cancelled?

[Guest]

Deleted

[Guest]

I don't know if it was the same camera for both images.

The NTK is attached below.

The letter saying it was cancelled had a different date and reference number, as mentioned in post #5.

cheers

Mark

[ostell]

Lots missing, let's see the reverse please.

Suggest you edit to remove PC number etc

[Guest]

The reverse is blank.

I'll edit the photo as you suggest.


cheers
Mark

[Guest]

How do I delete an image?

cheers
Mark

[EXC]

How do I delete an image?

cheers
Mark

Done.

[Guest]

Thanks

[ostell]

And the dates you've deleted?

[Guest]

PCN issue date: 26/02/2020
Incident date: 19/02/2020

[ostell]

And the reverse

[Guest]

The reverse is blank. What should be on the reverse?

[ostell]

So compare the requirements of POFA with what is on the NTK., especially paragraph 9.

Here's a starter that would normally sent as the first response to the appeal,.

Dear Sirs,

I have just received your Notice to Keeper No. 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 give notice of keeper liability as prescribed by section 9 (2) (f) 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

Add in the rest of the fails.

[Guest]

Here's the letter I've drafted:


Dear Sirs,

I have just received your Notice to Keeper No. 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 give notice of keeper liability as prescribed by section 9 (2) (f) 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.

Also, regarding the NTK you eventually sent me in response to the SAR. There are a number of points where you have failed to comply with the legislation.

I refer to Schedule 4 of The Protection Of Freedoms Act 2012

Section 9 (2)

(e) state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper-
(i) to pay the unpaid parking charges; or
(ii) if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

You failed to comply with this.


(f) warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—
(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and
(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;

You failed to comply with the underlined.


Section 9 (4)

The notice must be given by—
(a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

You failed to comply with this.


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



Is this OK?

[Guest]

It's been a week since I posted, and I've had no reply. Just checking it hasn't been overlooked.

cheers
Mark