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How to distinguish a Notice to Driver from Notice to Keeper
Jo Carn
post Thu, 27 Jul 2017 - 09:30
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The company received a Parking Charge Notice. It was addressed to XX XX Ltd - so clearly a company. In the body of the text it states "we have requested your details from DVLA as the registered keeper of the vehicle" and later "if you were not the driver of the vehicle..."

Nowhere does it say Notice to Driver or Notice to Keeper.

I'm thinking they are treating it as Notice to Driver. Am I right in arguing that they can't and it must be a Notice to Keeper. 1. they have admitted writing because we are the keeper and 2. a Limited company cannot be a driver.

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post Thu, 27 Jul 2017 - 09:30
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Jlc
post Thu, 27 Jul 2017 - 09:50
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Not enough information to fully comment. (Like timing of paperwork)

But there's potentially ways to pursue the limited company (See CPS v AJH Films).


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RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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ostell
post Thu, 27 Jul 2017 - 10:33
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As they have stated that the details have been obtained from the DVLA then it must be a Notice to Keeper. A corporate body is unable to drive.

Tell us the full story please. Is the vehicle loaned out to an employee? Don't let them know who the driver was, there's no legal requirement to do so.

can you post up the Notice, with identifying details removed. Just to check if it complies with POFA to hold be able to hold the keeper liable.

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Jo Carn
post Thu, 27 Jul 2017 - 10:43
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Thanks Ostell, that's how I saw it. Won't waste any more of your time. They sent it 8 days after the "incident". Slam dunk.
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ostell
post Thu, 27 Jul 2017 - 11:43
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It's not necessarily a slam dunk. As I said check against POFA to see that everything is there. As it appears to be an ANPR notice then paragraph 9 otherwise if it's a notice on the windscreen then paragraph 8. Must be all there, not nearly or almost.
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The Rookie
post Thu, 27 Jul 2017 - 13:16
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QUOTE (Jo Carn @ Thu, 27 Jul 2017 - 11:43) *
They sent it 8 days after the "incident". Slam dunk.

How does that make it a slam dunk?


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Rhothgar_Den_Vik...
post Thu, 27 Jul 2017 - 14:42
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As others have said, it is by no means a "Slam Duck".

They may well have issued it as a NtK within the required period but that is one of many criteria that has to be met (and proven) for it not to be case dismissed.

Possession of land seems to be a new string to the bow!


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Defendant 1 VCS 0
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Lynnzer
post Thu, 27 Jul 2017 - 15:04
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I don't think enough people understand the process and don't read up properly before posting.
That seems to be the case here.

There are numerous ways to challenge a ticket. Some have been mentioned but without knowing ALL the facts we can't drop in anything else to see you through this.
Let's start again.
Where was it. A GSV link would be good, or an address.
Was it a private car park or one on a residential estate where you are a resident or a guest of one.
What does the sign say? Were the signs easily seen and clearly worded in prominent text.

That'll start us off.
Oh, and does the NTK invoke keeper liability?



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The Asda shopping trolley parking ticket enthusiast
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Jlc
post Thu, 27 Jul 2017 - 15:33
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QUOTE (Lynnzer @ Thu, 27 Jul 2017 - 16:04) *
I don't think enough people understand the process and don't read up properly before posting.

You're not familiar with Jo's fishing expeditions are you?


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Rhothgar_Den_Vik...
post Thu, 27 Jul 2017 - 16:41
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Does "Jo" work for a PPC? Is that the inference jlc?


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Defendant 1 VCS 0
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peterguk
post Thu, 27 Jul 2017 - 17:13
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QUOTE (Rhothgar_Den_Viking @ Thu, 27 Jul 2017 - 17:41) *
Does "Jo" work for a PPC? Is that the inference jlc?


I don't think so.

I suspect he/she is involved in transport management for a private business and uses Pepipoo as his/her info. base for appeals.


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Rhothgar_Den_Vik...
post Fri, 28 Jul 2017 - 16:05
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QUOTE (peterguk @ Thu, 27 Jul 2017 - 18:13) *
QUOTE (Rhothgar_Den_Viking @ Thu, 27 Jul 2017 - 17:41) *
Does "Jo" work for a PPC? Is that the inference jlc?


I don't think so.

I suspect he/she is involved in transport management for a private business and uses Pepipoo as his/her info. base for appeals.


I think you may be right. I took a look through a few posts and it certainly looks as though they have a lot of drivers doing a lot of things wrong...

It's a jungle out there.


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Defendant 1 VCS 0
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