All,
I received the following notice to keeper in the post which strangely doesn't mention anything around POFA.
https://imgur.com/yOB0D0S
https://imgur.com/yIkVdCz
For BPA members, appeals seem to go through POPLA. VCS are part of IPC and *not* BPA and so their appeals go through IAS which from the contents of this board appear to indicate are always rejected as they are not truly independent. Therefore, for any IPC members, the route to appeal is really through the court system based on good knowledge of the law around POFA.
My main question is this. If that's the case, is it worth the hassle if we already know that both VCS and IAS are going to reject the appeal and the case can only really be rejected through the courts? For £60 it seems like a lot of effort and hassle.
If my assumption is incorrect, and the experts on this forum think that a letter in the form of the following could be accepted through VCS/IAS then please advise:
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 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
First class post with free certificate of posting from a post office
Thanks.
I received the following notice to keeper in the post which strangely doesn't mention anything around POFA.
https://imgur.com/yOB0D0S
https://imgur.com/yIkVdCz
For BPA members, appeals seem to go through POPLA. VCS are part of IPC and *not* BPA and so their appeals go through IAS which from the contents of this board appear to indicate are always rejected as they are not truly independent. Therefore, for any IPC members, the route to appeal is really through the court system based on good knowledge of the law around POFA.
My main question is this. If that's the case, is it worth the hassle if we already know that both VCS and IAS are going to reject the appeal and the case can only really be rejected through the courts? For £60 it seems like a lot of effort and hassle.
If my assumption is incorrect, and the experts on this forum think that a letter in the form of the following could be accepted through VCS/IAS then please advise:
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 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
First class post with free certificate of posting from a post office
Thanks.
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