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Common mistakes with Notice to Keeper, Keeper Liability and PoFA Schedule 4
In another thread, [MENTION=70704]emanresu[/MENTION] commented "PCM almost always fail to meet the requirements for Keeper Liability."
I understand the ideas behind the Protection of Freedoms Act 2012 (PoFA) Schedule 4 and the Notice to Keeper as a way for a PPC to enforce charges. The requirements are laid out in legalese here:
http://www.legislation.gov.uk/ukpga/...dule/4/enacted
Assuming for the moment that the signage was correct and all other requirements were met and that a contract was in place (I know this is a big assumption) I want to put a list together of where a typical NtK usually fails to meet these requirements. From the comment above, it seems that some people have already got this in their head but I could not see a thread that covered this outside of a specific PCN. I'm trying to make this generic and not particular to any one PCN, claim or case. It might be useful to include details relating to specific PPCs though.
What are the commonly made mistakes, errors or problems to look out for in a Notice to Keeper to see if it meets the requirements set out in Schedule 4?
Regards,
Ryan
I understand the ideas behind the Protection of Freedoms Act 2012 (PoFA) Schedule 4 and the Notice to Keeper as a way for a PPC to enforce charges. The requirements are laid out in legalese here:
http://www.legislation.gov.uk/ukpga/...dule/4/enacted
Assuming for the moment that the signage was correct and all other requirements were met and that a contract was in place (I know this is a big assumption) I want to put a list together of where a typical NtK usually fails to meet these requirements. From the comment above, it seems that some people have already got this in their head but I could not see a thread that covered this outside of a specific PCN. I'm trying to make this generic and not particular to any one PCN, claim or case. It might be useful to include details relating to specific PPCs though.
What are the commonly made mistakes, errors or problems to look out for in a Notice to Keeper to see if it meets the requirements set out in Schedule 4?
Regards,
Ryan
