PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Ticket for stopping on a private land 2018
Arti
post Sun, 17 Feb 2019 - 21:54
Post #1


Member


Group: Members
Posts: 21
Joined: 11 Feb 2019
Member No.: 102,400



Hi all,
I need your advice as to how I should respond to this ticket that I will post now.
I am new to this forum and I would appreciate your help please.

thanks

This post has been edited by Arti: Wed, 20 Feb 2019 - 00:11


--------------------
aa
Go to the top of the page
 
+Quote Post
2 Pages V   1 2 >  
Start new topic
Replies (1 - 19)
Advertisement
post Sun, 17 Feb 2019 - 21:54
Post #


Advertise here!









Go to the top of the page
 
Quote Post
doreen4161
post Sun, 17 Feb 2019 - 21:57
Post #2


Member


Group: Members
Posts: 386
Joined: 8 Feb 2013
From: teesside
Member No.: 59,857



Nothing showing on your posting
Go to the top of the page
 
+Quote Post
Arti
post Sun, 17 Feb 2019 - 22:07
Post #3


Member


Group: Members
Posts: 21
Joined: 11 Feb 2019
Member No.: 102,400



dd

This post has been edited by Arti: Wed, 20 Feb 2019 - 00:33


--------------------
aa
Go to the top of the page
 
+Quote Post
Ollyfrog
post Sun, 17 Feb 2019 - 22:16
Post #4


Member


Group: Members
Posts: 419
Joined: 22 Oct 2018
Member No.: 100,530



Hit report and ask the mod to merge with your other post

http://forums.pepipoo.com/index.php?showto...p;#entry1461991
Go to the top of the page
 
+Quote Post
Dave65
post Sun, 17 Feb 2019 - 22:17
Post #5


Member


Group: Members
Posts: 1,885
Joined: 16 Jul 2015
Member No.: 78,368



Is this PPN a reminder of a previous notice?

Dates of incident needed and date of issue and date of receiving the first PPN.

Was there a windscreen ticket?.
Go to the top of the page
 
+Quote Post
ostell
post Sun, 17 Feb 2019 - 22:22
Post #6


Member


Group: Members
Posts: 17,088
Joined: 8 Mar 2013
Member No.: 60,457



Failed to give the warning required by POFA 9 (2)(f). No keeper liability
Go to the top of the page
 
+Quote Post
Arti
post Sun, 17 Feb 2019 - 22:40
Post #7


Member


Group: Members
Posts: 21
Joined: 11 Feb 2019
Member No.: 102,400



the first ticket was sent to in the post on 7 Feb 2019. the same ticket was sent to me twice within one week. I am a private hire driver and I have gone to the place to drop someone and I was driving a hired car.


--------------------
aa
Go to the top of the page
 
+Quote Post
ostell
post Sun, 17 Feb 2019 - 22:49
Post #8


Member


Group: Members
Posts: 17,088
Joined: 8 Mar 2013
Member No.: 60,457



Edit your post's so that the identity of the driver cannot be inferred. Most important.

As it was a hire car then there should have been copies of the hire agreement with the Notice. If there was not then send this appeal.


Sirs

Ref PCN xxxxx VRM yyyyyy

I am the hirer/keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to supply the additional documents mandated by section 14 (2) (a) of the Act. You cannot therefore transfer liability from the driver at the time to me, the hirer keeper.

You have also failed to give the warning prescribed by 14 (5) ©.

There is no legal requirement to identify 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.

This post has been edited by ostell: Sun, 17 Feb 2019 - 22:51
Go to the top of the page
 
+Quote Post
Arti
post Sun, 17 Feb 2019 - 23:08
Post #9


Member


Group: Members
Posts: 21
Joined: 11 Feb 2019
Member No.: 102,400



"Failed to give the warning required by POFA 9 (2)(f). No keeper liability " what does this mean? and how does it relate to my ticket?


--------------------
aa
Go to the top of the page
 
+Quote Post
Ollyfrog
post Sun, 17 Feb 2019 - 23:32
Post #10


Member


Group: Members
Posts: 419
Joined: 22 Oct 2018
Member No.: 100,530



http://www.legislation.gov.uk/ukpga/2012/9...edule/4/enacted

It's all in there - have a read
Go to the top of the page
 
+Quote Post
ostell
post Mon, 18 Feb 2019 - 07:51
Post #11


Member


Group: Members
Posts: 17,088
Joined: 8 Mar 2013
Member No.: 60,457



9 (2) (f) is the same as 14 (5) © except the later is related to hired vehicles.

Send the letter so that it arrives on day 19 after the eate on the original letter so that they cannot correct their error in time.
Go to the top of the page
 
+Quote Post
Arti
post Mon, 18 Feb 2019 - 22:09
Post #12


Member


Group: Members
Posts: 21
Joined: 11 Feb 2019
Member No.: 102,400




thank you

This post has been edited by Arti: Thu, 21 Feb 2019 - 22:34


--------------------
aa
Go to the top of the page
 
+Quote Post
ostell
post Mon, 18 Feb 2019 - 22:49
Post #13


Member


Group: Members
Posts: 17,088
Joined: 8 Mar 2013
Member No.: 60,457



What didn't you understand in the request for the identity of the driver not to be inferred?
Go to the top of the page
 
+Quote Post
Arti
post Mon, 18 Feb 2019 - 23:08
Post #14


Member


Group: Members
Posts: 21
Joined: 11 Feb 2019
Member No.: 102,400





"There is no legal requirement to identify the driver at the time and I will not be doing so." this is a quote form the letter that was kindly drafted by Ostell does it imply that I was not the driver at the time? it looks like a letter from the registered keeper of the vehicle. what do you think?

This post has been edited by Arti: Thu, 21 Feb 2019 - 22:34


--------------------
aa
Go to the top of the page
 
+Quote Post
ostell
post Tue, 19 Feb 2019 - 08:23
Post #15


Member


Group: Members
Posts: 17,088
Joined: 8 Mar 2013
Member No.: 60,457



No it doesn't imply you were not the driver. Some of the Parking Companies look through the forums and if they find a case they recognise they will use the information that they find in court. If they find an admission about who the driver was then any defence using POFA is then rendered useless and a defeat will be snatched out of the jaws of victory. Get editing !
Go to the top of the page
 
+Quote Post
emanresu
post Tue, 19 Feb 2019 - 08:37
Post #16


Member


Group: Members
Posts: 11,094
Joined: 24 Aug 2007
From: Home alone
Member No.: 13,324



This is High Point Village. Plenty of other threads about this location including the fact that drivers have no time to read any signs prior to PCM issuing a ticket. Expect them to ignore the "no keeper liability" point but continue with it anyway.

Come back when you get the next bit of paper and you'll get help.
Go to the top of the page
 
+Quote Post
ostell
post Tue, 19 Feb 2019 - 09:02
Post #17


Member


Group: Members
Posts: 17,088
Joined: 8 Mar 2013
Member No.: 60,457



Is this thread of any use?

PCM lost in court. If they try in court for the same thing when they know they have already lost previously then the court will not look kindly on them.

So get in that appeal before it is too late

(and do the editing before it is too late)
Go to the top of the page
 
+Quote Post
nosferatu1001
post Tue, 19 Feb 2019 - 11:15
Post #18


Member


Group: Members
Posts: 28,687
Joined: 27 Nov 2007
Member No.: 15,642



Edit posts 12 and 14 OP
You were told not to identify the driver
If yuo do, then the appeal is useless and you throw away an easy win.
Your choice - pain or no pain.
Go to the top of the page
 
+Quote Post
chapinahat
post Tue, 19 Feb 2019 - 11:31
Post #19


Member


Group: Members
Posts: 74
Joined: 9 Feb 2019
Member No.: 102,366



Hi

As a private hire driver are you sure the claimant cannot ask if there are any records or witnesses that could prove the idenity of the person at work in the pictured vehicle?

You are under no obligation to identify the driver but evidence is stronger than silence.

I have asked you a question to consider and stated an obvious and relevant point. Not said you are right or wrong.

ATB
Go to the top of the page
 
+Quote Post
nosferatu1001
post Tue, 19 Feb 2019 - 11:39
Post #20


Member


Group: Members
Posts: 28,687
Joined: 27 Nov 2007
Member No.: 15,642



How will they get those documents, given discovery does not exist in the small claims court, and you have no duty to assist the claimant in proving their claim?
Go to the top of the page
 
+Quote Post

2 Pages V   1 2 >
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 09:24
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here