Euro Car parks private land and company car

drwilliams83

Afternoon and yes I am a NEWBIE,

I have read alot of the threads on here and they all relate to people parking in car parks and with their own cars. However, mine is regarding private land which required a permit even though there was no boundary stating where their land was and I was parked next to my girlfriends house tight up against the wall to her house but still outside their fencing with the signs on. I have parked there for months with no problem then one morning I received the PCN on my windscreen. Unfortunately though, my car is a company car and in the sticky newbies thread it says:

Please confirm a couple of things (if they are not already contained in your opening post)

a. Was the incident, and do you live, in England or Wales?
b. Is the car a lease/hire or company vehicle (important as the process will be slightly different and you will need to act quickly)?
c. Are you under 18?

What exactly is it that I need to do that is different to the others?

bod1467

As it is a company car it is recommended that you respond to the windscreen PCN. This is to prevent ECP from contacting the lease company (registered keeper), as they may just PAY the speculative invoice then charge it to you (plus an admin fee).

Use the appeal wording from the NEWBIES thread, but change it slightly to be an appeal by the Usual Keeper (rather than Registered Keeper) or Driver.

Was this incident in England or Wales? (You didn't make this clear).

drwilliams83

It was in England.

I phoned the lease company and they've told me if they receive the fine they will automatically pay it so it looks as though I've a race against time on my hands.

bod1467

ECP shouldn't request keeper details from DVLA until almost 28 days from the date of the PCN have elapsed.

If you send in that template appeal (giving also your name and address) then ECP have no justification in obtaining keeper details.

PS - check your car policy/lease agreement. I bet it talks about fines and penalties. What you've received is a speculative invoice, and that is also what a notice to keeper would be. Therefore the lease company would be acting against the policy/T&Cs by paying it and charging you.

Are they members of the BVRLA? If yes then they received guidance from the BVRLA last year reminding them of their obligations, and that they should discharge any keeper liability by naming the driver/usual keeper of the vehicle.

For example, my company/lease car is through ALD Automotive, who are BVRLA members.

drwilliams83

Thanks for your time, one more quick question. I have now written the letter, by which post shall I send? Recorded? Next day? Proof of post?

Dee140157

The advice given is to use free proof of posting from post office rather than anything registered.

bod1467

A free certificate of posting from the PO is all you need. If you send it 1st class then it is deemed "served" (delivered) 2 working days after posting. (Interpretations Act 1978).

Coupon-mad

william7423 wrote: »

It was in England.

I phoned the lease company and they've told me if they receive the fine they will automatically pay it so it looks as though I've a race against time on my hands.

As well as sending the appeal to the PPC, send a copy to the Lease company NOW and say 'look, I got a windscreen PCN and have appealed and named myself as the driver.' (I hope you have done, by adapting the template 'first appeal' in the NEWBIES sticky thread, not called yourself the 'registered keeper'?).

Anyway continue the email to the (stupid) lease co and say 'because I have named myself as driver you have NO legal liability. The purpose of this email is to inform you of the legal position and, for the avoidance of doubt, I will not refund you if you pay this if the scam company write to you now. Once the driver is identified, under the Protection of Freedoms Act 2012 (POFA) you have no liability nor any business to 'just pay it' which is what I was told on the phone. If you need clarification about the implications of Schedule 4 of the POFA, then can I suggest you ask the BVRLA as they have just recently signed a 'Memorandum of Understanding' on behalf of the car lease industry, with the BPA (the Trade Body for most UK firms that issue these 'fake' private PCNs). I am sure the BVRLA wil confirm that once a driver is named then as a lease company you have no liability in law.'

Or a politer version if you want to keeper them sweet.

But do not ask the questions 'what will you do?' in your email to them, it should be telling them what they CANNOT now do. I would do this up front now, in case the PPC write to them later on (they shouldn't, but this is a PPC after all).