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#Post#: 60606--------------------------------------------------
PPS Ticket
DIR By: privates
Date: March 4, 2025, 3:53 pm
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Hi hope you're all well,
I received this ticket while on a visit to BMW to pick up a car
battery which weighs at least 10KG.
Not sure how I got this ticket but would love some advice
PCN :
HTML https://ibb.co/t1L2MRS
HTML https://ibb.co/FkK4NG0B
Thanks!
#Post#: 60625--------------------------------------------------
Re: PPS Ticket
DIR By: b789
Date: March 4, 2025, 7:06 pm
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Come back when you've unreacted every date and time from the NtK
#Post#: 60709--------------------------------------------------
Re: PPS Ticket
DIR By: privates
Date: March 5, 2025, 8:11 am
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--- Quote from: b789 link ---
>
> Come back when you've unreacted every date and time from the
NtK
>
--- End Quote ---
Can't see any modify options anymore but here is the updated
upload
HTML https://ibb.co/kYN6NBY
thank you
#Post#: 60711--------------------------------------------------
Re: PPS Ticket
DIR By: jfollows
Date: March 5, 2025, 8:20 am
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Err, unredact, in other words please leave them clear, you seem
to have gone the other way and covered them up even more …… yes,
the earlier post said unreact but we need to know dates to
establish various things.
#Post#: 60713--------------------------------------------------
Re: PPS Ticket
DIR By: DWMB2
Date: March 5, 2025, 8:24 am
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Hide your name, address, VRM and PCN reference - let us see
everything else
#Post#: 60958--------------------------------------------------
Re: PPS Ticket
DIR By: privates
Date: March 6, 2025, 9:25 am
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--- Quote from: DWMB2 link ---
>
> Hide your name, address, VRM and PCN reference - let us see
everything else
>
--- End Quote ---
Apologies.. here is the updated edit -
HTML https://ibb.co/xtBM1k8X
#Post#: 61756--------------------------------------------------
Re: PPS Ticket
DIR By: privates
Date: March 10, 2025, 4:41 pm
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Any advice for the above?
Thanks
#Post#: 62970--------------------------------------------------
Re: PPS Ticket
DIR By: privates
Date: March 17, 2025, 4:11 pm
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Have I entered wrong information?
Shall I just appeal this PCN with a receipt of my battery and
say I was loading a heavy purchase?
Would appreciate some help,
Thanks
#Post#: 63002--------------------------------------------------
Re: PPS Ticket
DIR By: b789
Date: March 17, 2025, 8:55 pm
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The Notice to Keeper (NtK) is not PoFA compliant as it breaches
paragraphs 9(2)(a) and 9(2)(e)(i).
Easy one to deal with… as long as the unknown drivers identity
is not revealed. There is no legal obligation on the known
keeper (the recipient of the Notice to Keeper (NtK)) to reveal
the identity of the unknown driver and no inference or
assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which
means that if the unknown driver is not identified, they cannot
transfer liability for the charge from the unknown driver to the
known keeper.
Use the following as your appeal. No need to embellish or remove
anything from it:
--- Quote ---
> I am the keeper of the vehicle and I dispute your 'parking
charge'. I deny any liability or contractual agreement and I
will be making a complaint about your predatory conduct to your
client landowner.
>
> As your Notice to Keeper (NtK) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. PPS has relied on contract law allegations of
breach against the driver only.
>
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency. Your NtK can only hold the driver liable.
PPS have no hope at POPLA, so you are urged to save us both a
complete waste of time and cancel the PCN.
--- End Quote ---
#Post#: 63100--------------------------------------------------
Re: PPS Ticket
DIR By: privates
Date: March 18, 2025, 12:33 pm
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--- Quote from: b789 link ---
>
> The Notice to Keeper (NtK) is not PoFA compliant as it
breaches paragraphs 9(2)(a) and 9(2)(e)(i).
>
> Easy one to deal with… as long as the unknown drivers identity
is not revealed. There is no legal obligation on the known
keeper (the recipient of the Notice to Keeper (NtK)) to reveal
the identity of the unknown driver and no inference or
assumptions can be made.
>
> The NtK is not compliant with all the requirements of PoFA
which means that if the unknown driver is not identified, they
cannot transfer liability for the charge from the unknown driver
to the known keeper.
>
> Use the following as your appeal. No need to embellish or
remove anything from it:
>
> [quote]I am the keeper of the vehicle and I dispute your
'parking charge'. I deny any liability or contractual agreement
and I will be making a complaint about your predatory conduct to
your client landowner.
>
> As your Notice to Keeper (NtK) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. PPS has relied on contract law allegations of
breach against the driver only.
>
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency. Your NtK can only hold the driver liable.
PPS have no hope at POPLA, so you are urged to save us both a
complete waste of time and cancel the PCN.
--- End Quote ---
[/quote]
Appreciate the help! Had this just sent over, thanks again.
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