Parking charge NTK

Coupon-mad

Bluecat115 wrote: »

Oh dear ! Mucked it up at the first hurdle by not appealing! So, with the letter there was a form asking for the company to declare who the driver's name and address is - should I complete that - but then that gives the name of the driver - which you said not to do - we can do the letter no problem - would that be better? Thanks for help!

You have not mucked it up because I was not suggesting appealing. Yet. I was saying the company need to name you as lessee.

Sounds like the company handed you the PCN? If so, then yes, simply complete that form but cross out 'driver' and change it to 'lessee/hirer'. They will never notice the difference. DO NOT sign this yourself, this needs to come 'from the company'.

If you are allowed, send the form back with either a company compliments slip or covering letter on headed company notepaper, so it is officially 'the company' naming the 'lessee/hirer'. Best if the company letter says 'We have now formally discharged any liability under the POFA 2012 Schedule 4 and you must now send a Notice to the named lessee/hirer (keeper) of the vehicle, in accordance with paragraphs 13/14 of that statute'.

Now, I KNOW you do not consider yourself a 'hirer' as such but that's the place you want to be to appeal later, when the PPC write to you. And it's not a lie, because effectively you ARE the lessee/hirer of that car (whether money changes hands or not, that's the way for the company Fleet Manager to describe you).

Is the above possible in the company? The wording in bold protects the company from any future liability and works in your favour too!

Bluecat115

Brilliant! Yes that's all possible - so that's what we will do next! Thanks so much - no doubt I will be back for more help when these nasty people contact us again. :beer:

Redx

bailiffs will not be calling unless there is a court case

if there was a court case (MCOL), and if you lost , as long as the judgment is paid promptly (usually within 28 days) then the matter is settled

its after that 28 day period that it becomes a CCJ and only then can bailiffs be instructed - due to non-payment

I think you have been watching too many scare story programs on tv about bailiffs !!

Coupon-mad

Bluecat115 wrote: »

Hi everyone.
Right, company sent the letter, have now received the letter demanding payment to our home address. Please can you,advise what to do next, really worried they will end up sending the bailiffs round! Any help is greatly appreciated.

Hang on, calm down. You'll get loads more daft letters like this so you need to wise up and stop panicking about nowt. All you've had at this stage is your own PCN, as we said would happen.

Now send the appeal as 'hirer/lessee', like we said already:

I KNOW you do not consider yourself a 'hirer' as such but that's the place you want to be to appeal later, when the PPC write to you. And it's not a lie, because effectively you ARE the lessee/hirer of that car

So... you are merely at first PCN stage as lessee and can send a challenge saying why they haven't complied with the POFA for hirer liability.

Edna Basher is a poster here who has posted appeal templates that suit that situation so click on his username and find one he wrote earlier which talks about the POFA requirements for Notice to Hirer letters.

Don't write your own, don't give away who was driving. An appeal is NOT the story of what happened. And don't expect the appeal to work, the whole point is to hook the daft threatograms away from your company and to you instead. I suggest you read post #3 of the NEWBIE thread about IPC/IAS firms and post #4 of it too, about 'ignoring the debt letters' stage, as that will happen too.

This is no big deal.

Come back if they try a small claim. As long as you don't blow it by writing about who was driving/what happened, we've set this up so you can't be liable! Armtrac won't admit that and won't cancel it, but a hirer/lessee can't be liable in law, unless the PPC complied with the requirement to serve certain 'hirer' paperwork with this PCN to you, and they didn't.

Bluecat115

Hi. We sent the company letter and they have now sent the notice to our home address demanding £100 payment. Please can you tell us what to do next - we are really worried we are going to end up having the bailiffs at the door. Any advice would be greatly appreciated

Redx

yeah , you said that in post #14 and have been replied to in 2 subsequent posts

stop panicing

Fruitcake

Bluecat115 wrote: »

Hi. We sent the company letter and they have now sent the notice to our home address demanding £100 payment. Please can you tell us what to do next - we are really worried we are going to end up having the bailiffs at the door. Any advice would be greatly appreciated

This is a duplicate of your previous post. You simply need to follow the advice that C-M has given you in her post. (16)

Coupon-mad

Bluecat115 wrote: »

Hi. We sent the company letter and they have now sent the notice to our home address demanding £100 payment. Please can you tell us what to do next - we are really worried we are going to end up having the bailiffs at the door. Any advice would be greatly appreciated

I already told you.

What on earth makes sensible people think a nasty company like a parking firm can 'send bailiffs to the door' without the small matter of them having to beat you (unlikely!) in a county court hearing first, then you REFUSING to pay if a Judge told you to, within 30 days of the hearing? Even though there is no risk of a CCJ and almost no chance of them winning?

We don't lose v Armtrac in cases where a defence is needed - you should have read some more threads, get confidence from what we do here.

AND you are not liable because we protected you by telling you to only be the hirer/lessee! What more do you want, this was wrapping you in cotton wool you know, you are still in that cotton wool...we've made you bullet proof.

Bluecat115

Bluecat115 wrote: »

Hi. We sent the company letter and they have now sent the notice to our home address demanding £100 payment. Please can you tell us what to do next - we are really worried we are going to end up having the bailiffs at the door. Any advice would be greatly appreciated

Hi. Thanks very much for your helpful reply - will read those threads and act accordingly. We are honest people and it is hard not to pay a - but we need to make a stand against these terrible people.

Bluecat115

MR RedX. I am grateful for you pointing that out. I have never used forums before, I am trying my best. The #14 did not show on the thread when I first tried, so I, wrongly, assumed I had not done it correctly, so made a second attempt. Thankfully you are here to tell me my errors so kindly. I have deleted #14. and yes, I probably have spent too much time watching certain TV is programmes regarding Bailiffs - I came on this forum to find help, advice, and indeed reassurance that we are doing the right thing in not just paying it. As you said, I should perhaps just... Stop panicking.