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NTK - MET - Penalty charge
Coatze
post Mon, 11 Feb 2019 - 13:39
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Good Afternoon,

An invoice from our good old friends at MET. Notice to keeper received ( Parking - No valid ticket, voucher, permit)

Not much to say on this one apart from not sent to the driver dry.gif

Please could someone kindly provide me with the link for wording as not to the driver. Would this be ok on this one?

Cheers

This post has been edited by Coatze: Mon, 11 Feb 2019 - 13:51
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post Mon, 11 Feb 2019 - 13:39
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nosferatu1001
post Mon, 11 Feb 2019 - 13:53
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In order for "not the driver" to be important, you need to check that this NtK doesnt meet POFA2012, para 9 (assuming no windscreen ticket)
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Coatze
post Mon, 11 Feb 2019 - 13:56
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QUOTE (nosferatu1001 @ Mon, 11 Feb 2019 - 13:53) *
In order for "not the driver" to be important, you need to check that this NtK doesnt meet POFA2012, para 9 (assuming no windscreen ticket)


Hi correct no windscreen ticket, letter by post only. Thanks
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Ollyfrog
post Mon, 11 Feb 2019 - 14:07
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With only the front of the notice we can't see if it fails POFA requirements. Have you checked it for where it fails?
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nosferatu1001
post Mon, 11 Feb 2019 - 14:15
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QUOTE (Coatze @ Mon, 11 Feb 2019 - 14:56) *
QUOTE (nosferatu1001 @ Mon, 11 Feb 2019 - 13:53) *
In order for "not the driver" to be important, you need to check that this NtK doesnt meet POFA2012, para 9 (assuming no windscreen ticket)


Hi correct no windscreen ticket, letter by post only. Thanks

Yes, so you need to do your own work here - does it meet the STRICT reqiurements of POFA? Yes or No?
We dont do this for you
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ostell
post Mon, 11 Feb 2019 - 21:34
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Here's a link to POFA Unless it's on the back I spotted 2 failures on the front without effort
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Coatze
post Tue, 12 Feb 2019 - 08:40
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QUOTE (nosferatu1001 @ Mon, 11 Feb 2019 - 14:15) *
QUOTE (Coatze @ Mon, 11 Feb 2019 - 14:56) *
QUOTE (nosferatu1001 @ Mon, 11 Feb 2019 - 13:53) *
In order for "not the driver" to be important, you need to check that this NtK doesnt meet POFA2012, para 9 (assuming no windscreen ticket)


Hi correct no windscreen ticket, letter by post only. Thanks

Yes, so you need to do your own work here - does it meet the STRICT reqiurements of POFA? Yes or No?
We dont do this for you


Hi yes I looked at POFA once you had advised. I replied to your assumption of no windscreen ticket. thanks


QUOTE (ostell @ Mon, 11 Feb 2019 - 21:34) *
Here's a link to POFA Unless it's on the back I spotted 2 failures on the front without effort


Hi, can you please advise me? I have looked at the POFA information. I was after help on this if you could point me to the right direction please
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ostell
post Tue, 12 Feb 2019 - 10:08
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3 failures: 9 (2) (a) period of parking, 9 (2) (f) warning, 9 (4) delivered outside 14 days.

You check what POFA says and what is in the Notice to keeper.

OK 9 (4) is not obvious but notice was sent on the 25th, a Friday, and therefore assumed delivered 2 working days later, Tuesday 29th. 29 - 14 = 15

Dear 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 deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) 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.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc


First class post with free Certificate of Posting from a post office.


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Coatze
post Tue, 12 Feb 2019 - 10:31
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Thanks for the reply and the direction where to find the relevant information. I will look further into the sections mentioned and compile a simple letter to this effect.

This post has been edited by Coatze: Tue, 12 Feb 2019 - 10:32
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ostell
post Tue, 12 Feb 2019 - 10:34
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That letter I gave is sufficient for the time being. They will probably reject and give you a POPLA code. When you appeal to POPLA you throw everything at them
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Coatze
post Tue, 12 Feb 2019 - 13:01
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Thankyou again! I looked at the back of the NTK too, 28 days was not listed under 9 (2) (f) warning,
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