Employer's hire car - does this delay appeal?

KatytheCAr

Hello all,

My employers have received two letters including a notice to keeper from a firm called PCN/NW who cover a retail park in the middle of Preston. I initially happened asked them to pass on my details so I could appeal, which they didn't. They've received a follow up letter asking for more cash from Roxburg. I've again encouraged them to give my details to Roxburg, to take them out of the loop.

My firm has been communicating with me about it and I can ask them to send a letter to Roxburg and to PCN-NW. I saw this on another thread:

Should I ask my employer to send this?

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[Name of PPC]
[Address]

[Date]

Dear Sirs

PCN Number xxxx
Vehicle Registration Number xxxx


xxxx is the registered keeper of the above mentioned vehicle but not the driver on the day in question.

The driver's name and address for service are:

[INSERT NAME]

[INSERT ADDRESS]

Please note: this discharges any obligation as Registered Keeper under PoFA 2012 and you must now pursue the driver.
As (company name) is the registered keeper of the vehicle and has now discharged all legal liability in naming the driver on the day, any further communication from your company will be deemed as harassment and will be reported to the OFT.

Yours faithfully

PRINT NAME

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However since they didn't do it very well last time should I get involved myself now and appeal, or is the timing wrong?

I have read the newbies stickies etc but not sure how it applies to me and whether I need to wait for a letter to come to me. I'm also not sure who I would appeal to. Roxberks are listed BPA but PCNNW are not, from what I can see on BPA site. The notes sent to my employer don't mention an appeal process.

The incident itself took place mid Jan, with a sticky ticket on the windscreen, my employer (who were named by a hire company) received what they call a NTK asking for £100 after 28 days, I told my company to name me but they didn't. Then they were sent a Roxburg letter dated end of March asking for £160 "within 14 days" which I have only just been told about.

I realise I've missed a trick by not coming here sooner (the flow chart says you should intervene before they contact the keeper) but would be very grateful for any advice.

Redx

until your firm absolve themselves from these tickets they remain liable under POFA 2012 (for ENGLAND or WALES anyway), so they should name the driver as you correctly surmised, then you get a pcn in your own name and appeal it to the IPC if the PPC refuse your appeal

bod1467

xxxx is the registered keeper of the above mentioned vehicle but not the usual keeper nor driver on the day in question.

The usual keeper's name and address for service are

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is how I would suggest editing that letter.

Stroma

It would be better coming from your company. I'm not being funny here, but they seem to be profoundly stupid not to discharge their liability of this situation. Don't they realise that this company could issue a claim against them, and it will be them and not you facing this.

And this company do issue claims, almost 250 times last year! Though that is a minute amount compared to the fake tickets issued. Show your employers this FOI request to the ministry of justice.

https://www.whatdotheyknow.com/request/179544/response/444525/attach/3/A%20FINAL%20REPLY%20TO%20LEWIS%2085865.doc

Umkomaas

And this is definitely an IPC case as PCN (NW) joined them on 1/12/13.

http://www.theipc.info/#!aos-members/cv75

Needs a bit more careful handling than a ticket from a bog standard BPA AOS member.

bod1467

Umkomaas wrote: »

Needs a bit more careful handling than a ticket from a bog standard BPA AOS member.

Not for the first appeal though (by the driver), once the company have sent that letter to discharge their liability. The appeal in C-M's NEWBIES thread is all that's needed, tweaked to be worded as from the Usual Keeper rather than Registered Keeper or Driver.

Umkomaas

Yes, I agree bod; it's more important at the IAS appeal stage.

KatytheCAr

Thanks everyone. They've already said they will but I'll strongly urge my company to discharge it to me properly using the correct terms. Since I've flat out refused to sign something agreeing to have my pay docked this shouldn't be an issue. Like you say they're realising they will have to pay now unless they pass them on to me.

And to think I chose to shop there because of the free parking!

I take it I should be preparing to use the first stage appeal letter in the newbies sticky and send it to both PNNW and Roxberks?

Should I wait for them to contact me or should I do it proactively?

I was considering saying something like "My firm/the registered keepers of the vehicle have alerted me they have passed my details on to you regarding this matter. As the usual keeper/driver I make this appeal on the following points...."

KatytheCAr

bod1467 wrote: »

xxxx is the registered keeper of the above mentioned vehicle but not the usual keeper nor driver on the day in question.

The usual keeper's name and address for service are

---

is how I would suggest editing that letter.

Am I trying to avoid presenting myself as driver? Even though I need my company to name me?

forgotmyname

Because its a hire/company car you need to name yourself as the driver and challenge the ticket on other aspects.

Not a genuine pre estimate of loss etc.

AoD

KatytheCAr wrote: »

Am I trying to avoid presenting myself as driver? Even though I need my company to name me?

Even in these circumstances you don't actually have to admit to being the actual driver on the day. After you are named by your company, you should get a Notice to Hirer. You then appeal to the PPC as the usual keeper as per bod's post earlier.