Non Pofa NTK - IAS appeal rejected

[Guest]

Hi there. I'm new here and really need some help please.

I received a NTK in the post which is headed NON POFA so the operator knows it doesn't comply. The NTK arrived outside of the 14 day period and no ticket was left on the windscreen. I was genuinely not driving. I appealed to the IAS on the grounds that the operator cannot transfer liability to the keeper because they do not comply with POFA. I also cited two legal precedents the Quayle case and the Lamoureux case (2016&2017) where both judges stated that liability cannot be transferred to the keeper. I've asked for proof that I was the driver but the operator says the MNPR is there just to identify the car and reg etc. Anyway there is no proof because I wasn't driving.

They state their claim is based in contract and that they can presume I was the keeper. The IAS say that the NTK was issued correctly and I must now pay in 14 days and they won't enter into any more correspondence with me.

I cannot understand why the IAS has rejected the appealdappeal as theirytheir operator clearly doesn't comply with POFA.

Please can someome provide advice please? I assume that they will take court action next.

Many thanks

[ostell]

If you had read a bit more you would have found that the IAS invariably reject no matter how good the case. The IAS is the same solicitors that run the IPC.

Wait for and ignore the debt collectors letters and wait for the letter before claim.* Get the proof together that you weren't driving at the time.* What was the location?
*

[JDWLS]

Thanks so much Ostell.

I now see that Gladstones set up these firms so there is obviously a conflict of interest. Good grief. How can this be allowed to happen. It’s outrageous.

The location is the NFU car park in Penrith. The NTK arrived 17 days after the alleged contravention. No ticket was issued on the date. However, the PPC are now saying they issued a ticket on the date. They have made this up. There is no photo of them having put a ticket on the windscreen either in their documents submitted to the IAS and the NTK does not refer to them having an issued a ticket on the day. But I thought this was not really relevant because they are not using POFA anyway. And, based on the cases I’ve read, I understand that they cannot transfer liability to the keeper from the driver if they don’t comply with POFA.

I have two people who will write a witness statement to say that I was not driving. They are prepared to go to court too. However, can they be asked who was driving? I don’t want them to be put in a difficult situation. I’ve read that there is no legal requirement for me to name the driver but could my witnesses be made to name the driver?

thanks very much for your assistance. Really appreciated.

[ostell]

Only if the judge asks. If you have those statements then send a copy of them to the PPC and tell them here's the proof that you were not the driver on the day.

If they claim to have affixed a ticket to the windscreen then they have still failed POFA because they can only issue a NTK after day 28 (and before day 56).

[ploddertom]

Have you read this https://www.cwherald.com/a/archive/u...ed.510294.html

[JDWLS]

Thanks Ostell and Ploddertom. I hadn’t seen the Herald article. Ostell - I will send the PPC the witness statements then. Anything else I should do or say? If it goes to court, do you think I have a strong case and/or will win?

[ostell]

Yes, if they themselves state non POFA AND you can show that they did indeed not comply with POFA AND you show that you could not possibly have been the driver at the time you have good case.

[JDWLS]

Thank you.