VCS ANPR PCN Claimform - Berkeley Centre, Sheffield, S11 8PN - out of time?

[Mrs O'Frog]

They cannot transfer liability from the driver to the keeper as they have failed to deliver the Ntk within time in accordance with the Act (search for "The Protections of Freedoms Act 2012"). As long as the identity of the driver is never revealed they have nobody to hold liable. Although they may well try chasing the keeper they can't succeed, providing the keeper doesn't slip up or lose their nerve.

 

I suspect that they know that they are out of time which is why they have issued you a NtK that doesn't mention PoFA, since they usually do. They're just hoping you'll not notice. Let's make sure though - please post up a redacted copy of the Ntk (both sides) and the resident experts will be in to advise you shortly I'm sure.

[Mrs O'Frog]

That confirms, they are not relying on PoFA. They know they have timed-out so have sent their "non-PoFA" letter that states "we may pursue you (the keeper) on the assumption you were the driver". They may well pursue you, they usually do, but my dog used to chase cars too.

 

Reading between the lines - might the driver have input an incorrect registration when paying?

 

The experts will advise further....

[Mrs O'Frog]

Big gap in the POC though - They don't say why the defendant is responsible for the CN - driver? keeper? If they say "keeper" then why £160 not £100? They can't claim the £60 from the keeper, only the driver. Oh yes, forgot for a moment there - they are ASS - U - ME ing that the driver and keeper are one and the same. Well if I see simple Simon buying lingerie in Victoria's Secret I'll assume that's for him to wear. Also looks like they have not complied with PAP and sent a proper LBC.

 

You'll need to go online and acknowledge but basically VCS will be very silly to proceed once they've seen your defence (draft here first please) and will get a good slapping if they do.