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grumpyboy
post Tue, 12 Sep 2017 - 07:36
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Just a quickie

How long does a PPC have to wait before serving a NtK?

Is it 28 days from PCN date if they are not told who the driver is?

Secondly, if they are made aware of who the driver is before the 28? days lapses, do they under any circumstances then have recourse to pursue the Registered Keeper thereafter?

tia
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post Tue, 12 Sep 2017 - 07:36
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ostell
post Tue, 12 Sep 2017 - 07:44
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NTK must arrive before day 14 if no windscreen ticket otherwise must arrive between day 28 and 56 after the event.

If the driver is identified (name and address) before the commencement of court proceedings then they cannot pursue the Registered Keeper.

Want to elaborate on what is happening, without identifying the driver?

It's easier to defend if the PPC do not know the identity of the driver.

This post has been edited by ostell: Tue, 12 Sep 2017 - 07:46
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nosferatu1001
post Tue, 12 Sep 2017 - 08:20
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POFA Sched 4, para 8 for windscreen ticket
Para 9 when no ticket.

As above, the requirement is that before proceedings commence. Proceedings commence when a claim is registered with the courts, NOT before, despite some PPCs claiming otherwise.
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grumpyboy
post Tue, 12 Sep 2017 - 10:10
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QUOTE (ostell @ Tue, 12 Sep 2017 - 08:44) *
NTK must arrive before day 14 if no windscreen ticket otherwise must arrive between day 28 and 56 after the event.

If the driver is identified (name and address) before the commencement of court proceedings then they cannot pursue the Registered Keeper.

Want to elaborate on what is happening, without identifying the driver?

It's easier to defend if the PPC do not know the identity of the driver.



thx. Just a standard windscreen ticket. Euro Car Parks. Looks like they dont do court.

Second ticket bought 5 mins after expiry of first one but bloke still wrote a PCN at 3 mins after so not adhering to the 10 min grace period I guess.

Should win on POPLA appeal once PPC reject representations


Regarding the prior question-if driver is named before day 28 then I presume once day 56 expires, keeper is no more involved/liable yes?
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ostell
post Tue, 12 Sep 2017 - 10:25
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QUOTE (grumpyboy @ Tue, 12 Sep 2017 - 11:10) *
Regarding the prior question-if driver is named before day 28 then I presume once day 56 expires, keeper is no more involved/liable yes?


If driver is identified BEFORE court action is started then no keeper liability. No time limits.

Why do you want to identify the driver.?

This post has been edited by ostell: Tue, 12 Sep 2017 - 10:26
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nosferatu1001
post Tue, 12 Sep 2017 - 12:25
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Indeed, dont ID the driver unless you dont particularly like them.

As POFA is very clear, it is BEFORE proceedings commence. It can be 1 minute before they hit "send" on the claim form, and they cannot then chase the Keeper.
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grumpyboy
post Tue, 12 Sep 2017 - 12:49
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its not that i dont like the driver, its just that he is non UK resident on holiday and will shortly be going home and he has said he doesnt mind me naming him
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nosferatu1001
post Tue, 12 Sep 2017 - 12:57
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Well thats one other way. However if you get it cancelled at POPLA its done and dusted
If POPLA reject, then you name the driver giving them the overseas serviceable address, and tell them to get lost from chasing you.
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grumpyboy
post Tue, 12 Sep 2017 - 13:33
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would the keeper or the driver be named in the POPLA docs? how would it be done without assigning who was the driver at the time?

This post has been edited by grumpyboy: Tue, 12 Sep 2017 - 13:37
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ostell
post Tue, 12 Sep 2017 - 15:39
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The keeper would appeal to POPLA . As there has been no info given then can't really give advice on what to say.

If the keeper loses at pOPLA then the write to the PPC giving the name and address of the driver at the time.
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grumpyboy
post Tue, 12 Sep 2017 - 15:49
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many thx
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nosferatu1001
post Wed, 13 Sep 2017 - 07:56
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Go look at the dozens of POPLA appeals, then come back with specific questions. Its easy enough to do some research and it was obvious the keeper doesnt name the driver at POPLA, because otherwise theres no point in naming the drier afterwards IF you lose.
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cabbyman
post Wed, 13 Sep 2017 - 11:08
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Search box, top right: 'ECP Shell Gatwick.' My thread has a POPLA appeal from last year that they didn't contest. Dead and buried quite easily.


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