PCN Letter Delay

liammscullion

Hello,

I have recieved a PCN for parking in a retail park next to the football stadium I go to every other week. It has always been a "controlled" car park but only seems to be getting enforced the past month. I have parked here for years and never received anything until now, including a couple of dates in August that I haven't received anything for. It is a 4 hour stay, clearly sign posted but on match days it reduces to two, which is in small lettering on the sign, upon further inspection.

My issue is that I have a hire car with my company through JCT600 and as a result of this, the letter of notice has taken 60 days to reach me since the offence. This has then meant I have parked in there another 6 times since the first offence. I have received another PCN (38 days after the offence) through my work a day after getting notified of the first offence, both PCNs have been automatically paid by JCT600 and subsequently my company is now seeking the money from me. However, I don't want to pay the charges I realise I might have too, as although I live in Scotland, the car is registered to the company in England. My main gripe is going to be the other changes that follow on from this. If I received the first PCN in a handful of days I wouldn't have parked here again. Do you think there is anyway possible that I could use the time delay of the PCN letter, as a reason not to pay any future charges?

Castle

1) Who is the car registered to: your company or JCT600?
2) Are the PCN's in your name?

liammscullion

Car is registered to my company and the PCNs are directed to the company but forwarded onto me, as it's my car.

Coupon-mad

However, I don't want to pay the charges I realise I might have too, as although I live in Scotland, the car is registered to the company in England.

Is the car park in Scotland? If so then JCT600 have NO BUSINESS paying this, it is not their concern, not their liability. The POFA 2012 doesn't apply in Scotland; a keeper can't be liable.

You need to tell JCT600 to cease paying these and allow you to appeal them, as these are YOURS not theirs, if the land is in Scotland.

BTW stop parking there, they clearly don't want the football crowd using it as a car park!

liammscullion

Coupon Mad thanks for the feedback. Will speak to my transport department and it get cleared up.

As for not parking there again, don't worry I won't. Just wish it hadn't taken smart park so long to send out the PCN or else I would have stopped after the first instance.

Coupon-mad

Smart parking PCNs are not even worded for any keeper liability, even if this was in England. Under no circs were the hire firm involved, just because they got a speculative letter is NOT any reason to pay a 'driver only' PCN.

They aren't even that difficult to spot the difference - the lack of mention of the POFA in Smart postal PCNs is a huge clue for the Fleet Manager that it's none of their business.

liammscullion

CM spoke to my company today and they're insisting I have to pay the fines as they don't want any CCJs imposed on them. The offense happened in scotland, you can't get a CCJ up here, even though they're applicable in england, where the car is registered.

I spoke to Citizens Advice today, as I feel I'm being bullied a bit by my company to pay them. They said that I have a right to appeal and that it is between me and Smart Parking. Therefore I've sent off the first one and awaiting reply. I used Edna Basher's template from the newbie thread. Didn't give any details minus my email address to have the correspondence with and only admitted that I was the hirer of the car. You think that should do it?

One more question though, how do I get all postal mail sent to me rather than head office? The Fleet Manger says he cannot contact Smart Parking to redirect to me and it must go through him...

Many Thanks

Coupon-mad

You can't appeal after they have been paid. Smart will not consider appeals after payment.

Stop doing this by phone. Write to your company and tell them they CANNOT get a CCJ from a Smart Parking PCN because the POFA 2012 does not apply, not in Scotland at all, nor as a result of Smart Parking's choice of 'Notice to Keeper' wording.

These are DRIVER ONLY worded PCNs.

Your company CANNOT pay your alleged 'debts' for you when they have no liability nor any risk of CCJ. They are wrong. Stop believing what they are saying, they are assuming the POFA applies. It can't. There is no keeper liability here.

You need to put this is writing, tell them you are appealing all of these, take responsibility for them and they MUST NOT pay them as no company has any liability, only a driver. Ask that they pass the letters to you and DO NOT PAY. Explain that by appealing you will transfer all replies to yourself in one go, but they have denied you your right to appeal.

They MUST STOP. They are causing you loss and have no business paying a 'driver only' NON POFA PCN.

I spoke to Citizens Advice today, as I feel I'm being bullied a bit by my company to pay them. They said that I have a right to appeal and that it is between me and Smart Parking.

The Scottish CAB is right.

liammscullion

When I spoke to them today they stated it wasn't paid, yet and gave me 24 hours to let them know what i was doing hence why I've done the online appeal. This was part of the bully tactics I felt they were using today when telling me about a CCJ and bad debt on the company.

Guys_Dad

1. The company can not get a bad debt out of the blue. Get them to check with their legal dept or solicitor.

2. Tell them that you are appealing this and get them to write to PPC saying that you are the keeper of the car and to direct their correspondence to you.

Coupon-mad

liammscullion wrote: »

When I spoke to them today they stated it wasn't paid, yet and gave me 24 hours to let them know what i was doing hence why I've done the online appeal. This was part of the bully tactics I felt they were using today when telling me about a CCJ and bad debt on the company.

Right, so email them with proof you've appealed online (screenshot) and TELL them you take full responsibility as driver seeing as this is your PCN, nothing to do with them, zero liability - tell them you guarantee it is true, they are wrong.

They cannot pay these so tell them that. This would be like them paying your electricity bill if the leccy company wrote to them! basically this is none of their business as it's a non-POFA worded PCN, regarding a site where 'keeper liability' does not apply.