PCN Driver left site Euro car parks

[Steve3]

HI, I hope someone can help with this PCN and NTK received by a friend.


The NTK seems to fail POFA on many points

Thanks

[ostell]

Dear Sirs,

I have just 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 give the invitation to keeper in the format prescribed by section 8 (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


First class post with free certificate of posting from a post office

When they reject a POPLA appeal with all the other fails should be successful

[Steve3]

Dear Sirs,

I have just 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 give the invitation to keeper in the format prescribed by section 8 (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


First class post with free certificate of posting from a post office

When they reject a POPLA appeal with all the other fails should be successful

Thank you Ostell

They have just replied with the expected rejection. Therefor we now need to do a POPLA appeal.
They have stated that they have transferred liability to the registered keeper relying on using pofa

Do we just Appeal with the total lack of pofa compliance ie list all the fails?
Is there a correct way to word this, your help would be much appreciated.

Thanks

[ostell]

No, you also query their right to take action and require them to show their contract as well as all the POPLA fails.

[Steve3]

No, you also query their right to take action and require them to show their contract as well as all the POPLA fails.

Thank you Ostell, Not sure how to do this, do we ask this on the POPLA appeal? Can you help with the wording? We need to get it correct, we have never had to do this before.

Thanks

[ostell]

On the POPLA appeal you query their right to take action and require them to show a copy of their contract.

Can they produce evidence that the driver left the site?

The have failed POFA: 8 (2) (e) , 8 (2) (a) period of parking, 8 (2) (h) failed to identify the creditor.

Check that last one cause I sometimes miss it.

[Steve3]

On the POPLA appeal you query their right to take action and require them to show a copy of their contract.

Can they produce evidence that the driver left the site?

The have failed POFA: 8 (2) (e) , 8 (2) (a) period of parking, 8 (2) (h) failed to identify the creditor.

Check that last one cause I sometimes miss it.

Thanks, I will write a draft and can I post it here for your appraisal?

[Steve3]

On the POPLA appeal you query their right to take action and require them to show a copy of their contract.

Can they produce evidence that the driver left the site?

The have failed POFA: 8 (2) (e) , 8 (2) (a) period of parking, 8 (2) (h) failed to identify the creditor.

Check that last one cause I sometimes miss it.

Hello Ostell , How is this for a first draft.

Euro Car Parks have not provided any copies of their contract to show that they have the right to take action to enforce parking charges against the driver. I require that they produce a copy of the contract.
The parking operator Euro Car Parks has not provided any evidence that the driver left site. Can they produce the evidence that the driver left site? If this is a case of a Patrol Officers written statement, what is the name of the Officer?
The observation time of 4 seconds suggests the Patrol officer had ample time to mitigate their loss by informing the driver but the Patrol officer decided to act in a predatory manor.
They are pursuing the Keeper for the unpaid charges
Under section 4 of the protection of freedoms act the creditor has the right to recover any unpaid parking charges from the keeper of the vehicle. The right under this paragraph applies only if all of the applicable conditions are met notably paragraphs 5 and 6.
The following conditions are not met-
Paragraph 5 (1)(a), The parking operator has failed to identify the creditor and has not provided any evidence they have the right to enforce against the driver of the vehicle by production of a copy of their contract.
Paragraph 7 (2)(a) The Notice to Driver failed to specify the period of parking to which the notice relates.
Paragraph 7 (2)(e) Failure to identify the creditor.
Paragraph 8 (2)(a) Failed to specify the period of parking to which this notice relates.
Paragraph 8 (2)(b) Failed to inform the Keeper that the driver is required to pay the parking charges in respect of the specified period of parking.
Paragraph 8 (2)(c) Failure to state that a notice to driver has been given.
Paragraph 8 (2)(e) No statutory worded invite to the keeper to pay the unpaid parking charges.