Letter of Claim - dcbl on behalf of CCPC

[LJB179]

Where did you get that statement from, is it from the cases you have referred to below it? It does belong to the landowner, however, I could not find it mentioned in the lease. More than happy to share the lease too if you're interested in having a look through. Just FYI, I have taken the photos down but shall put them back up shortly (I forgot to blank out my name on one of them).

Apparently, as the sign does not mention Terry's name anywhere, it does also not comply with POFA rules?


Protection of freedom act 2012
NTK


The Parking Ticket (aka Notice to Driver)

Schedule 4 paragraph 7 of the PoFA stipulates the mandatory set of information that must be included on the parking ticket. If all of this information is not present then the Notice to Driver is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.

• Which car the ticket relates to
• What land the car was parked on
• The period the car was parked
• When and how the parking rules were broken
• What the parking charges are for the infringement of the rules, and of the maximum additional costs they may seek to recover, and the date by which those parking charges should be paid
• Any discounts for paying within 14 days – which should be at least 40% of the full charge under the British Parking Association (BPA) Code of Practice (applies to BPA Members only)
• How to pay and to whom (this must be the person legally entitled to the money – the “Creditor”)
• The date the time the notice was issued
• How appeals and complaints can be dealt with – for parking companies who are members of the B PA.

[ostell]

If there was a windscreen ticket then the notice to keeper has to ARRIVE between days 28 and 56.

So if they don't know the driver then they have failed to comply with the requirements of POFA 8 (4) and cannot transfer liability from the unknown driver to the keeper. There has been such a long period between the event and today that the keeper cannot possibly recall the identity of the driver on that uneventful day.

post up a redacted copy of the NTK so that people can look for other POFA fails


Possibly the landlord doesn't know a out the attached sign.

If there is no name on the sign then there can be no contract created. Can you post up a readable photo of the sign?

You may be interested in this case: http://forums.pepipoo.com/index.php?...st=20&start=20

[LJB179]

If there was a windscreen ticket then the notice to keeper has to ARRIVE between days 28 and 56.

So if they don't know the driver then they have failed to comply with the requirements of POFA 8 (4) and cannot transfer liability from the unknown driver to the keeper. There has been such a long period between the event and today that the keeper cannot possibly recall the identity of the driver on that uneventful day.

post up a redacted copy of the NTK so that people can look for other POFA fails


Possibly the landlord doesn't know a out the attached sign.

If there is no name on the sign then there can be no contract created. Can you post up a readable photo of the sign?

You may be interested in this case: http://forums.pepipoo.com/index.php?...st=20&start=20

Thank you - that is an interesting discussion and actually, on a MSE forum, someone had already suggested that I amend that template for my own use, as it seems to cover all of the salient points.

The landlord may not have known that the sign was on there, and I checked Google Maps recently, and it is no where to be found...

I shall attach photos again shortly, however, those dodgy ones of the sign are the only ones that were sent back to me from the SAR.

[ostell]

Can you go and take your own photo?

[LJB179]

Can you go and take your own photo?

I don't believe that the sign is there anymore. I have a friend that lives around there though, so can ask him to verify. Shame, I was in the area last week.

I could try to contact the landowner, as I still have a copy of the lease.

[ostell]

Could be an interesting exercise. See if they had permission to operate in that area. So they could have been thrown out, hopefully for not having a contract.

[LJB179]

I don't believe that the sign is there anymore. I have a friend that lives around there though, so can ask him to verify. Shame, I was in the area last week.

I could try to contact the landowner, as I still have a copy of the lease.

It has also been mentioned that they didn't send the NKT until 56 days afterwards. Given the POFA requirements (56 days to be received), this does not meet, as they assume 2 working days for delivery. Along with this, at no point do any of the signs or tickets/letters mention Terry as a sole trader, only the 'company' name, despite the fact that there was no actual company formed.

I feel as though this puts me in a good position?

I suppose I should draft something similar to this example and send to dcbl? - http://forums.pepipoo.com/index.php?...st=20&start=20

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Hopefully you work everything out!