Ticket for stopping on a private land 2018 |
Ticket for stopping on a private land 2018 |
Sun, 17 Feb 2019 - 21:54
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#1
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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
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Sun, 17 Feb 2019 - 21:54
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Advertise here! |
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Sun, 17 Feb 2019 - 21:57
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#2
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Member Group: Members Posts: 386 Joined: 8 Feb 2013 From: teesside Member No.: 59,857 |
Nothing showing on your posting
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Sun, 17 Feb 2019 - 22:07
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#3
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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
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Sun, 17 Feb 2019 - 22:16
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#4
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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 |
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Sun, 17 Feb 2019 - 22:17
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#5
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Member Group: Members Posts: 1,887 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?. |
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Sun, 17 Feb 2019 - 22:22
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#6
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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
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Sun, 17 Feb 2019 - 22:40
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#7
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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
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Sun, 17 Feb 2019 - 22:49
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#8
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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 |
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Sun, 17 Feb 2019 - 23:08
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#9
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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
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Sun, 17 Feb 2019 - 23:32
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#10
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Member Group: Members Posts: 419 Joined: 22 Oct 2018 Member No.: 100,530 |
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Mon, 18 Feb 2019 - 07:51
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#11
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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. |
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Mon, 18 Feb 2019 - 22:09
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#12
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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
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Mon, 18 Feb 2019 - 22:49
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#13
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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?
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Mon, 18 Feb 2019 - 23:08
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#14
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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
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Tue, 19 Feb 2019 - 08:23
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#15
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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 !
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Tue, 19 Feb 2019 - 08:37
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#16
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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. |
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Tue, 19 Feb 2019 - 09:02
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#17
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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) |
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Tue, 19 Feb 2019 - 11:15
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#18
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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. |
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Tue, 19 Feb 2019 - 11:31
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#19
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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 |
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Tue, 19 Feb 2019 - 11:39
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#20
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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?
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