draft of new appeal for appraisal please(now in pdf)

[uncle ernie]

hello guys,i'm having problems with a pcn i have received as the keeper of a vehicle headed, notice to keeper(non pofa)mnpr
does this mean i can not be held accountable for the charge as they are not using pofa 2012
also the pcn is for a parking charge in a no stopping private road how does this fare with no contract offered or agreed
hope this is clear enough

[ostell]

Sounds like VCS

If there are signs are saying no stopping then there is no offer of a contract to park and therefore the only action they can take is for trespass.

Post up the redacted PCN so that we can see what it is about.

[uncle ernie]

https://www.dropbox.com/s/9tfb3ynnh0...0fine%201.pdf?

[uncle ernie]

https://www.dropbox.com/s/9tfb3ynnh0...e%201.pdf?dl=0
Thanks ostell,not too sharp with computers so hope these work ok

[uncle ernie]

https://www.dropbox.com/s/5tj6ktiw1y...e%202.pdf?dl=0

[uncle ernie]

Apologies ostell,they are the initial appeal reply
hopefully this is the pcn which you want to see
https://www.dropbox.com/s/dqbehtqweh...pcs.1.pdf?dl=0
https://www.dropbox.com/s/kmetto9dixkv1vc/pcs2.pdf?dl=0

[ostell]

They have not issued the warning to keeper required by POFA 9 (2) (f), they have not given a period of parking, you've deleted the dates but was the notice received within 14 day as required by 9 (5).

Its paragraph 9 of there was no windscreen ticket, otherwise 8.

so your POPLA appeal states that their signs were of a forbidding nature and not offering a contract to park. Any action would have to be from the landowner for nominal trespass

Even if a contract existed the Notice to Keeper failed to comply with POFA
The notice was delivered outside of the relevant period, 9(5)
There is no warning to keeper as required by 9(2)(f)
There is no period of parking required by 9(2)(a)

There can therefore be no keeper liability and there can be no assumption that the keeper was the driver

[uncle ernie]

Thanks ostell,alleged offence was 8-6 and letter dated 28-6
it does state no stopping on pcn and signs,so i hope this doesn't sound dumb but are they treated the same stopping/parking
what do you mean by no warning to keeper

[ostell]

No, stopping is not the same as parking.

[uncle ernie]

draught appeal
https://www.dropbox.com/s/bu6ata83bx...ppeal.rtf?dl=0
i have posted my draught appeal and original pcn for reading any comments or appraisal would be gratefully appreciated

pcn
https://www.dropbox.com/s/dqbehtqweh...pcs.1.pdf?dl=0
https://www.dropbox.com/s/kmetto9dixkv1vc/pcs2.pdf?dl=0

[uncle ernie]

2nd draught of appeal ready, would appreciate someone having a look

https://paper.dropbox.com/doc/95tHyz...Sr6HE?cl=en_US

[ostell]

That's a link to the PCN

[uncle ernie]

apologies ,i appear to have fat fingers,link is changed to the correct one

[ostell]

Put in ALL the POFA fails, together with the relevant numbers

[uncle ernie]

updated draught link

https://paper.dropbox.com/doc/0uAQtR...P8Su3?cl=en_US