Employer's hire car - does this delay appeal?

Coupon-mad

No template (just email the complaints & quote the Act) but yes you have got it right...except your complaint is more about the fact that bothering your employer is unfair on you by refusing you a right to appeal as driver, a right to challenge the matter.

Katyythecar

(Had to log in with slightly new name as it wouldn't email me password!)

The DVLA's investigation has concluded that no breach of PoFA has occurred. The letter doesn't even mention whether or not it is right to pursue my employer after they had provided my details. That part is not mentioned at all. Rather it is a more circular 'private landowners have the right to pursue unpaid charges' without really bothering to say how they should go about doing this, or who they should be pursuing. Indeed, the DVLA don't seem to see this as their business.

This is because, curiously, they claim that they never provided PCNNW with details - I suppose it was the pixies. They do say they probably got it from the IPC which is someone the DVLA provide details to. Essentially I've had a 'nothing to do with us' response from the DVLA who feel comfortably at arm's length. They have told me to take it up with the IPC who never bothered replying to my initial email sent weeks ago at all. I have already informed the DVLA that the IPC has not responded to my complaint or given me any advice on how to proceed.

Equally I've still not had any response from either Roxburghe or PCNNW on how to proceed with any independent appeal. Given that the DVLA has now spectacularly let me down, I imagine their next move will be to take up the harassment of my employer again, this time feeling they have official DVLA 'go right ahead' backing.

Bafflingly, after saying the affair is not even within their remit, the DVLA also seem to have ruled on the rights of the 'ticket' in PCNNW's favour. They do this and mince no words in saying it's my fault. "The operator has provided evidence that shows the vehicle did not comply with the terms and conditions of the private land and satisfied the reasonable cause requirement as set out in Regulation 27 of the Road Vehicle (Registration and Licensing) regulations 2002". I can't help but feel they too are trying to browbeat my employer into feeling that the fine is legitimate. I suppose it makes sense. PCNNW, via the IPC are their customer after all and the customer is always right. My employer was starting to get very wary about the legitimacy of this whole lawless mess. However now I have to show them this DVLA response which has ruled me a naughty parker who must be admonished swiftly.

I suppose my next step is to tell my employer that the DVLA say the IPC should handle it, but that the IPC don't seem too concerned about giving me access to any appeal process. I do feel my employer was starting to get very wary of them anyway because the procedure seems so lawless and unregulated compared to the council and police fines they are used to.

Thoughts?

bazster

Escalate. There is a DVLA complaints procedure which goes all the way to your MP and the Parliamentary Ombudsman. Follow it:

https://www.gov.uk/government/organisations/driver-and-vehicle-licensing-agency/about/complaints-procedure

It basically goes:

(i) Complain to the person or department concerned
(ii) Complain to the Customer Complaint Resolution Team
(iii) Complain to the CEO
(iv) Complain to your MP and request referral to the Parliamentary Ombudsman.

In your next complaint tell them in no uncertain terms that it's not up to you to guess who accessed the registered keeper details for the vehicle. What is beyond doubt is that someone accessed the details, DVLA must have a record of who, and if PCN NW is getting some proxy to access the DVLA database on their behalf then that in itself is something DVLA needs to investigate.

Double-stress that your complaint is about PCN NW continuing to pursue the registered keeper after they have been given the driver's name/address, in flagrant breach of POFA 2012. Tell them that you know for a fact that DVLA has previously sanctioned parking companies for alleging keeper liability where none exists, which is precisely what PCN NW is doing, and you demand to know what DVLA is going to do about it.

Katyythecar

Now the IPC have sent me a similar 'bad girl' letter. It seems the driver missed the opportunity to make an appeal with them and so did my company. However I was making a complaint about their PoFA lie and lack of independent appeal guidance, not making an actual appeal. (And apparently the appeal deadline was something we should have all known about even if the tickets and letters did wrongly claim they were a BPA member). They also think their member hasn't done anything wrong and do not even refer to my complaint in their letter. They seem to just be saying 'go on my son' to PCNNW who can reliably be expected to harass my company.

Another complication is that I might be handing in my notice to my company in the next few weeks. I don't want to leave with this unresolved and let my company think I have swanned off into the sunset. Even though I don't really need a reference, it doesn't feel right.

However I don't want to pay these cowboys any money and encourage them either. I might get in touch with a solicitor and have them give my firm advice, as an apology for landing them with harassing letters. I think I would rather spend money on that than giving it to parking cowboys.

Or maybe I should just pay it and fight them after payment with the advice to escalate at the DVLA.

Coupon-mad

You won't find many solicitors who know how to advise on this matter.

OF COURSE YOU DON'T PAY.

I asked them to pass on my details so I could appeal, which they didn't.

So that's their fault. Tell your employer this is what they must do and you will take liability. Then you ignore it unless you get court papers and we'll help you defend it as we have several other PCN/NW rubbish cases that went nowhere.