PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Second LBC after SAR, 14 days to pay inc Xmas hols days
Flakiesmum
post Thu, 20 Dec 2018 - 09:33
Post #1


Member


Group: Members
Posts: 12
Joined: 23 Mar 2016
Member No.: 83,201



Was posting on MSe site and have moved across as it’s gone v quiet there.
Staying on here now and would appreciate help
Am struggling a bit with correct way fonward at this stage. And should I use POFA or anything for rebuttal at this stage? Also going overseas until early Feb and worried this will progress whilst away. Hence my needy approach for answers and moving thread (apologies)
CIRCs are

5/12/17 - Car was parked in 4hrs free, private pay and display car park. Have the flimsy ticket no glue, covering the time the charge was issued, which states 'Fix ticket inside window" (there are contradicting signs in this car park including PAY and display, no parking private car park)
5/12/17 - Windscreen charge 'Not displaying a valid permit'
22/12 - The keeper of the vehicle sent written appeal providing evidence that the photo taken by UKPCM clearly shows matching serial no of 'flipped' ticket on dashboard. Driver has never been disclosed.
25/1/18 - Appeal denied letter from UKCPM. No information given on Contracted party, what the charge was based on etc.
8/2/18 - Formal demand letter from UKCPM (NOT A NTK) (68 days after pcn)
15/5/18 - Threat letter No.1 from DRP
29/5/18 - Threat letter No.2 from DRP
12/6/18 - Threat letter No.3 from DRP
12/7/18 GStones ' quoting Beavis' letter
14/11/18 GstonesLetter Before Claim
22/11/18 SAR request to UKCPM and cease processing letter to GStones
26/11 GStones letter refusing to place on hold followed up with second request to cease processing data
SAR data received from Parking co
12/ 12 and 13/ 12 Two further letters from GStones headed LBC. Both giving 14 days to pay. By 26th and 27th Dec Same reference, same incident. Both exactly the same content and enclosing a copy of their 14th Nov letter and instruction to pay gstones

DVLA have confirmed by email that they have not received any request for keeper details
UKCPM confirmed by email following up on the SAR as follows
“The PCNs on our system get automatically sent across to the DVLA, this information is then automatically uploaded on to our system. The DVLA will only send us correspondence if there is a Problem with the vehicle information that we have supplied to them. Therefore we have no correspondence from the DVAL regarding yourself or your vehicle”

Does the keeper respond at this stage? If so would really appreciate a steer on what basis please, and how detailed should the response be?
Am a bit confused as to correct way rebut now e.g flipped ticket non compliance with POFA, ( they are making an assumption on driver) PAP non compliance
Will not responding be seen as not be complying with “the PAP” ?

Many thanks

This post has been edited by Flakiesmum: Thu, 20 Dec 2018 - 09:40
Go to the top of the page
 
+Quote Post
2 Pages V  < 1 2  
Start new topic
Replies (20 - 21)
nosferatu1001
post Tue, 12 Feb 2019 - 12:35
Post #21


Member


Group: Members
Posts: 19,617
Joined: 27 Nov 2007
Member No.: 15,642



You send them the email frmo teh DVLA proving they have been lied to by their client. ALso state to them that, as a reuslt of the SAR, their clients records show that NO NTK WAS ISSUED. Without a NtK being served on you, the keeper, within the prescribed timescales, there can be no POFA liability.

Point out that
1) There is no presumption in law as to the identity of the driver
2) Their client is require to prove every eleemnt of their claim
3) IF they claim you are the driver, you will require they prove it, using evidence
4) THis evidence must already exist, and so under the PAP you REQUIRE them to forward you all evidence they have as to the identity of the driver, to narrow the topics under dispute. If they are silent or refuse, you will invite the court to draw the obvious conclusion.

State you require them to confirm cancellation of the notice within 14 days, as they have no realistic prospect of success at court. SHoudl they continue to perjure themselves, you will ensure the courts attention is drawn to this.
Go to the top of the page
 
+Quote Post
Advertisement
post Tue, 12 Feb 2019 - 12:35
Post #


Advertise here!









Go to the top of the page
 
Quote Post
chapinahat
post Tue, 12 Feb 2019 - 18:33
Post #22


Member


Group: Members
Posts: 39
Joined: 9 Feb 2019
Member No.: 102,366



Hi

Only perjury if on witness statement or repeated in court under oath. Who has told you the lie is the starting point not that the PPC is intending to commit perjury. You can research fraud if wanting to act against a lie.Stick it on counterclaim.

ATB
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: Sunday, 17th February 2019 - 14:52
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.