PCN received - Company Car process?

sc0tt8

Hi guys,

Happy xmas to you all. :beer:

I've read through the newbie guide but still need some assistance please regarding PCN for Company Car.

PCN received from Excel in Nottingham & Contravention code = parked after expiry of time in pay & display car park & I can appeal via email or post.

I understand that I need to appeal early before they approach my employer, however, unsure in what to send as informing them i'm not the RK but driver i'd be admitting guilt wouldn't I?

Looking at the sample letter i'd modify to challenge as a driver rather than keeper? However, little bit confused as acceptance has happened as there was consideration (see contravention code)? So this would mean that a contract was formed?

Thanks for any helps guys,

Redx

you are appealing as KEEPER, not as REGISTERED KEEPER

you are the keeper, whilst the car is in your possession , even if somebody else was driving the leased car (like I can do on MY fully comp insurance)

so leasing company is the registered keeper

you are the actual keeper

I could be THE DRIVER

sc0tt8

RedX thank you.

Thank you for the quick response & assisted previous posts i've read through.

So it would be ok to email prior to receiving NtK?

sc0tt8

Also regarding contract / consideration? Could I just remove this from sample?

Redx

sc0tt8 wrote: »

RedX thank you.

Thank you for the quick response & assisted previous posts i've read through.

So it would be ok to email prior to receiving NtK?

you will not receive an NTK, that would go to the leasing company, so not sure you have understood this process at all , the DVLA do not hold your details

you are the keeper, so unless the leasing company names you as keeper as per the BVRLA guidelines, you wont get a pcn

you need to take charge of this by getting the pcn in your own name and address, as KEEPER

you are trying to avoid the RK paying an NTK and then invoicing you

sc0tt8

Thank you RedX.

I will email them in due course.

Sorry for asking but just to clarify, if I follow the letter sample & email direct to Excel now any communication would come directly to me as keeper.

Redx

it should do, but you never know with these private companies

so keep copies of all correspondence, with proof of posting etc, create a log with a timeline, just in case, cant be too careful

once a pcn is in your name, the RK is off the hook as far as POFA 2012 (assuming you are in england or wales)

sc0tt8

Redx wrote: »

it should do, but you never know with these private companies

so keep copies of all correspondence, with proof of posting etc, crate a log with a timeline, just in case, cant be too careful

once a pcn is in your name, the RK is off the hook as far as POFA 2012 (assuming you are in england or wales)

Much appreciated. :T

sc0tt8

Sorry RedX, before I email them:

Regarding contract / consideration. As I have paid initially for an hour, therefore, consideration has been made, technically a contract has been formed? Where would I stand legally or could I just remove this part from sample letter & just hope for the best because there are several other points they contravene?

Redx

remove anything you are unsure about, just make it the best possible PPCappeal you can under your own circumstances

the template letter is designed to form the basis of an appeal, so people get an idea what to write, some just use it blindly and fail due to not reading it or adapting it according to circumstance

assuming they dont cancel. the aim is to get a pcn in your own name, with popla code (assuming they havent gone to the dark side like their twin sister VCS)

sc0tt8

Fantastic thank you, I'll get it sent off & await next steps... I haven't delved too much into popla steps, i'll cross that bridge in the near future.

Thank you for the advice, have a great 2015.