letter before action? how many pages?
Parked causing an Obstruction in private car park
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Originally posted by ostell View PostDear 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 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
First class post with free certificate of posting from a post office
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Originally posted by ostell View PostDear 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 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
First class post with free certificate of posting from a post office
ostell Hi so I have sent this letter and they have replied stating they complied how should I reply Kind regards
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Looking at the wording on the letter I was sent they are stating they compiled with the schedule 4 of POFA 2012 but there is a paragraph where it states the driver is invited to pay the PCN is this my get out clause even though they have forward to debt recover agency DBCL ? What I don't need is the costs to escalate and be force to eventually to pay a lot bigger fine It has gone very quiet on my thread just need a bit of advice Thankyou
Kind regards
Is this right The invitation to the keeper to pay is not there POFS says at 9 (2) (e)
(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;
(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;Last edited by gewag; 1st March 2022, 20:57:PM.
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