• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

PCN Notice to Keeper received after 14 days. Worth the hassle in appealing?

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • PCN Notice to Keeper received after 14 days. Worth the hassle in appealing?

    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.
    Tags: None

  • #2
    You do not really understand this and seem to have picked the first appeal you came to without understanding the nature of the appeal. They have given the required notice of keeper liability , 9 (2) (f).

    Is this a hire/rental/lease car or did the driver find a windscreen ticket?

    Comment


    • #3
      Not a hire car. Owned by keeper. No ticket on the windscreen. Just a letter in the post.

      I guess my main question is whether IAS ever accept appeals (whatever the wording around 14 days) or whether it has to go through court to challenge?

      Comment


      • #4
        Your correct appeal would be:


        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 deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) 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.

        Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

        Yours etc

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

        it is so cut and dried that it may be worth an appeal to the IAS

        Comment


        • #5
          Thanks Ostell. I will appeal with those words. Not holding much hope.

          Comment

          View our Terms and Conditions

          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
          Working...
          X