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#Post#: 21668--------------------------------------------------
Re: Civil enforcement (CE) B10 PCN
DIR By: DWMB2
Date: May 6, 2024, 5:17 am
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I'd personally include more detail of exactly how and why you
don't believe the notice is compliant. State what PoFA requires,
and what they have included, and why you contend this is not
sufficient.
Can you show us the photos you have of the signage at the site
to back up your arguments about the signage?
It's hard to offer any feedback on the merits of your argument
on signage without seeing your evidence of its prominence and
quality.
#Post#: 21671--------------------------------------------------
Re: Civil enforcement (CE) B10 PCN
DIR By: b789
Date: May 6, 2024, 5:44 am
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Rather than blindly copy & paste someone else’s POPLA appeal,
you may want to proof read it and actually try and understand
what you are putting across. Check your numbering as you have
two #3 sections. Check your paragraph spacing.
You may want to emphasise to the assessor in your opening point
that you can see the attempt by the operator to use some wording
from PoFA in the NtK to hold the keeper liable but without the
strict requirements of the Act being fully applied, it cannot be
deemed almost fully compliant.
As also mentioned by [member=103]DWMB2[/member], do you have any
comparative photos of the actual signage at the location? Some
assessors will simply say that because there is signage at the
location, the operator must have the permission of the landowner
because the BPA “audit” all their members. They do not, in the
strict sense of the word.
#Post#: 21674--------------------------------------------------
Re: Civil enforcement (CE) B10 PCN
DIR By: b789
Date: May 6, 2024, 6:48 am
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Having done a bit more research, it will be interesting to see
whether the POPLA appeal is rejected and CE try to issue a claim
in the county court against the defendant as “keeper” under
PoFA.
I think it has not been emphasised enough, to date, that a claim
against the “keeper” as opposed to the “driver” cannot be made
for more than the amount of the unpaid parking related charges
as they stood when the notice to the “keeper” was issued, which
are £100 (in this example).
The reasoning for the above statement is that PoFA 4(5) states:
4(5) The maximum sum which may be recovered from the keeper by
virtue of the right conferred by this paragraph is the amount
specified in the notice to keeper under paragraph 8(2)(c) or (d)
or, as the case may be, 9(2)(d) (less any payments towards the
unpaid parking charges which are received after the time so
specified).
The explanatory notes to the legislation
HTML https://www.legislation.gov.uk/ukpga/2012/9/notes/division/5/1/3/3<br
/>at 221 state:
“The creditor may not make a claim against the keeper of a
vehicle for more than the amount of the unpaid parking related
charges as they stood when the notice to the driver was issued
(paragraph 4(5)).
So, if a claim is issued against a defendant, holding them
liable as “keeper” under PoFA, the claim cannot include the fake
debt recovery costs. Any claim for more than the original £100
(or whatever amount was stated in the original NtK) is an abuse
of process and therefore unreasonable behaviour by the claimant.
* Explanatory Notes are documents that typically accompany
primary legislation (e.g. an Act or Measure). The text is
created by the government department responsible for the subject
matter of the Act (or Measure) to explain what the Act sets out
to achieve and to make the Act accessible to readers who are not
legally qualified. Explanatory Notes were introduced in 1999 and
accompany all Public Acts except Appropriation, Consolidated
Fund, Finance and Consolidation Acts.
The Explanatory Note is intended to give a concise and clear
statement of the substance of the instrument. The instrument
itself may also be accompanied by a separate explanatory
document.
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