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Ancient Alleged Contravention, Just received 3 mysterious letters regarding 4yo Alleged Contravention
Shivaya
post Sat, 10 Apr 2021 - 09:05
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Greetings friends & Good day

I've just received 3 mysterious letters regarding some ancient 4yo alleged private contraventions

Link to the file: https://ibb.co/k0KcBKp

I'm wondering whether to ignore this or file the standard procedures for a private PCN - any suggestions?!

These are the first communication ever and it says on the letter "This case is not subject to High court or bailiff action" - quite intriguing

Your time & attention are much appreciated

Blissful wishes smile.gif
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post Sat, 10 Apr 2021 - 09:05
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nosferatu1001
post Mon, 24 May 2021 - 12:46
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Expect it, but you have a good defence


If it comes to court, remember you may be asked if you were the driver. Bearing in mind you are not required to guess, but must not lie, consider how you would respond. Don't post here. If you definitely were not the driver, that is the best case as without pofa they CANOOT hold you liable.
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Shivaya
post Thu, 27 May 2021 - 07:56
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Regardless of not being the driver, would I have answer the question with yes/no? Or could I simply say "not relevant because I don't have to and choose not to answer" Aren't they under pofa?

Moreover, isn't what ostell pointed out enough? The fact that the sign was prohibiting rather than offering a contract to park for those unauthorised — and then claiming that a contract was offered.
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nosferatu1001
post Thu, 27 May 2021 - 08:13
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I never said it was only a yes or no answer! Also, you MUST provide an answer. You are appearing as a witness. Assuming the judge allows the question - and they will - you must give an answer. Refusal is contempt of court. If they have not met the conditions of pofa to hold the keeper liable, and you must know this or not by now, then they cannot hold the keeper liable. However if you are the driver, and they find out, they do not need to use pofa to hold a driver liable.


I said you must not lie
The options are
Yes
No (because...)
I can't remember (because....)

So you'd go into a gunfight with one bullet. What will you do if the judge rules the sign isn't forbidding?
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Shivaya
post Thu, 27 May 2021 - 21:20
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Brilliant, that actually sounds like an even better bullet proof argument — most appreciated smile.gif

How can I check whether they are under pofa?

New letters today from DCBL
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ostell
post Thu, 27 May 2021 - 21:24
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You compare you NTKs with the requirements of POFA and see what is missing or incorrect so they cannot hold the keeper liable.
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Shivaya
post Thu, 27 May 2021 - 21:24
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I don'y know, in their reply letter they state that their notices were fully compatible with pofa — but I don't know

Do they generally negotiate discounts for early payment/settling? this is just not very pleasant dealing with this and paying would just save a lot of time & energy that I can direct elsewhere in meaningful things

This post has been edited by Shivaya: Thu, 27 May 2021 - 21:37
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nosferatu1001
post Thu, 27 May 2021 - 23:35
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Shockingly, they don't have your best interests at heart, and so may lie to you.

Pofa schedule 4 para 8 or 9. Give it a read

I ain't assist in settling. You can manage that - it's a negotiation where you hold almost no cards.
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ostell
post Fri, 28 May 2021 - 07:56
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You've already written to them and quoted POFA fails at them.
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