Please help PCN from PCM UK Ltd

Sassii

Hi All

First I want to thank every one in this forum.

I drive company lease car & I’m renting flat in new development area and the landlord didn’t give me the car park allocated with the flat. There were one company manage the car Park in street and they issue to me some PCNs which is always hand writing & had wrong details and I followed the advice in money saving expert to ignore and I didn’t hear any thing from them. Also I took those PCNs to police station which they inform it’s fake and stamp it as to prove it has wrong dates.

While I been in long holiday, how managing the area changed the PPC Company to PCM UK Ltd and made the visitor car park with purchased tickets (which was free before they hired) . they gave me a 3 PCNs (attached) while I was park in visitor car park. I ignored them as well but they sent NTO to my company. As you can see from attachments, 1st PCN was 79 days ago, 2nd was 54 days ago & last one was 18 days ago.

I don’t know if my company sent my details to them or not but I'm sure they will do. Also my wife is authorised to drive the company car if it will help to tell them I’m not the driver. And I told my company not to pay any PCN as I’m going to challenge them.

So please is there any one can guide me of what can I do in steps for each PCN to win appeal against PCM, and if it’s too late to appeal.



forums.pepipoo.com/index.php?act=attach&type=post&id=25465
forums.pepipoo.com/index.php?act=attach&type=post&id=25464
forums.pepipoo.com/index.php?act=attach&type=post&id=25463
i43.tinypic.com/24wwsaa.jpg
i44.tinypic.com/1538vok.jpg
i40.tinypic.com/a23trd.jpg
i41.tinypic.com/21o5xky.jpg

I can't insert photos link as I'm new user so please add http: to above links

Regards

Coupon-mad

It is technically too late for the driver to appeal and the driver has ignored the windscreen tickets so cannot expect a chance to appeal now.

It is (probably) not too late for the company to appeal as keeper (you could always tell the fleet manager that you are appealing and you will pay if you lose at POPLA).*

What dates are on the first NTO letters and who were they addressed to (the lease firm, your company or you personally?) and please show your pics as broken links (just remove the http://).




* WE win at POPLA every time if you follow our advice if you can appeal these on behalf of the company.

Sassii

Attached

forums.pepipoo.com/index.php?act=attach&type=post&id=25465
forums.pepipoo.com/index.php?act=attach&type=post&id=25464
forums.pepipoo.com/index.php?act=attach&type=post&id=25463
i43.tinypic.com/24wwsaa.jpg
i44.tinypic.com/1538vok.jpg
i40.tinypic.com/a23trd.jpg

i41.tinypic.com/21o5xky.jpg



PCM sent PCNs to lease company which sent it to my company too late I just kew about that NTK last week.

I just read POFA 2012 which stated in paragraph 7.2a ''specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates'' & as you can see there is no parking period in the PCN
Also PCM uk Ltd didn't send any evidance photos with NTK

Thanks

Sassii

Some thing I noticed for 1st PCN after seeing the online evidence PCM hadn't any photo shows the PCN sticked on the wind screen

Coupon-mad

Sept:
http://forums.pepipoo.com/index.php?act=attach&type=post&id=25464

Oct:
http://forums.pepipoo.com/index.php?act=attach&type=post&id=25465

Nov:
http://forums.pepipoo.com/index.php?act=attach&type=post&id=25463

Back:
http://tinypic.com/view.php?pic=24wwsaa&s=5#.Upkxm-hFCpo


NTK received (probably) 22.10.13 by company secretary:
http://tinypic.com/view.php?pic=a23trd&s=5#.UpkyUuhFCpo

NTK received 12.11.13 by company secretary:
http://tinypic.com/view.php?pic=1538vok&s=5#.Upkx9-hFCpo

(no NTK yet received for the 3rd ticket)

Back of NTK:
http://tinypic.com/view.php?pic=21o5xky&s=5#.UpkypuhFCpo



- Send a complaint to the BPA about all 3 NTKs as they don't seem to have the statutory wording from paragraph 8 of Schedule 4 of the POFA 2012.

- complain to the landowner/managing agents for the flat.

- appeal the first and second NTKs and say that you were the keeper of the car around that time and so you are appealing under the 'keeper' definition in the POFA 2012. Add that these were in fact only 'given' as defined in the POFA 2012 on {the date you were handed them} seeing as PCM wrote to a lease co. who were obviously the owners but NOT the keepers. As keeper now that these Notices have been received you wish to appeal because the permits were not issued in time when PCM took over the operation. Just leave it vague like that...try to hook a POPLA code for both the first ones.

- wait for the 3rd NTK and do the same ONLY when it arrives, as long as the lease co will now forward it quicker and won't just pay it.

- tell your Fleet Manager that the lease co are playing this wrong and should be giving the name and address of the driver immediately. Both firms are leaving themselves open to a small claim against the lease firm or your company and YOU as driver wouldn't be liable for their error. If they give the name & address of driver then they discharge all liability which is clearly a no-brainer for any company.


Please show us your planned appeal wording for ticket #1 and #2 before you send it because it reads as if English isn't your first language. We can help make it the best wording it could be. Write it as I said above, as keeper and about not getting a permit (if you get a POPLA code DO NOT send the same weak appeal to POPLA).

Sassii

Dear Sir/Madam

PCN Number:
Date PCN issued:


I was the keeper of the car around the PCN issued & you sent Notice to Keeper to lease company on 22/10/2013 which they are the Owner not the keeper as definition defined in Protection Of Freedom Act 2012.

So as The Notice to Keeper has been received so the Keeper wish to appeal this PCN for the following reasons:

1- The permits were not issued in time when PCM took over the operation.
2- You don’t comply with paragraph 7 & 8 of Schedule 4 of Protection Of Freedom Act 2012.
3- The signage was unclear at this site and not comply with BPA AOS Code Of Practice.

Finally I ask you to cancel this PCN & if you disagree please send me a POPLA code

Yours sincerely,


I will send draft letter for BPA complaint later.

Thanks very much for advice

Coupon-mad

Sassii wrote: »

That's pretty good but I do have suggested changes to make the date clear when you were served with these, and to get rid of the 'POFA 2012 Schedule 4 paragraph 7 and 8' point for now, keep that for POPLA:


************************************************************************************************************************

Dear Sir/Madam

Notice to Keeper refs: {just give the reference number or PCN number from #1 and #2 but not #3 as you haven't had a NTK for that one yet}

I am/was the keeper of the car mentioned in the above two Notice to Keeper letters. However, you sent them to the lease company who are the owners (not keepers) and they are not liable under POFA 2012.

I received these Notice to Keeper letters on xx November {date they were handed to you} so this is when they were actually deemed 'given' or 'served' to me as keeper. Therefore under the BPA Code of Practice you must allow me 28 days from then to appeal. This is my appeal to both tickets.

I appeal for the following reasons:

1- The permits were not issued in time when PCM took over the operation; as keeper I did not get a permit until recently.
2- The signage was unclear at this site, was not fully changed from the old parking company and does not comply with the BPA AOS Code Of Practice.

Finally I ask you to cancel these tickets and if you disagree please send me a POPLA code for each ticket where you have not accepted my appeal.


Yours faithfully,


************************************************************************************************************************






TO OTHER POSTERS READING THIS NOW - THIS IS DELIBERATELY WORDED NOT TO INCLUDE 'NO LOSS' NOR 'NO CONTRACT WITH LANDOWNER' AS THE OP NEEDS A POPLA CODE FOR EACH AND ONE IS BEING APPEALED LATE. SO IT'S WORDED AS A SOFT APPEAL.

Sassii

Do I need to reveal my name and address to them or only correspondence address?

Thanks

Coupon-mad

You could use someone else's address if you prefer, but you do need to give them a name and address. And don't hang about because the first NTK is technically too late to appeal already and the second one is close. So just send it quickly and hope for a POPLA code for both, and make sure the third NTK is passed to you straight away when the owners get it this time because you will have to repeat this process.

Sassii

PCM sent Notice to Hirer to my company and give them 21 days for appeal. it looks like they didn't see my appeal as keeper because Notice to Hirer letter dated befor I sent my appeal. Do I need to send another appeal as Hirer.

Regards

Coupon-mad

Surely that's the one relating to ticket #3 that you haven't appealed yet? Or is it relating to ticket 1 or 2 Important to check which).