Final Reminder Notice

prings17

It was for stopping on a double yellow line (there are double yellows everywhere on this private road), I stopped to phone a work colleague to get more directions to where I needed to be, then this obvious sneek took photos from his vehicle.

prings17

Guys_Dad wrote: »

I don't think that POFA says anything about a 10 minute Grace period. However, the BPA/IAS do and that is what you should be saying. In fact, it has to come from your boss.

I am writing the letter as if it has been written by my boss (he has given me headed company paper), so if I change "POFA" for "BPA/IAS" in my reply would that be a good enough response or should I just bite the bullet and pay trhe fine as I don't want my boss to be issued with any CCJ's and such.

prings17

My boss received another letter today confirming that my appeal was rejected and they are satisfied that the PCN has been issued correctly. In response to my comments they write:-

'Grace periods are intended to allow a motorist to read the T's & C's relating to parking in a car park where parking is allowed by a landowner subject to compliance with those T's & C's. The motorist did not park the vehicle, as previously stated; the motorist stopped in an area where stopping is prohibited.

Our previous letter set out options available to you and included the option for an appeal to the IAS. We note that you do not appear to have taken up that option, as a gesture of goodwill we have allowed a further 21 days for you to lodge an appeal with the IAS.'

They have an answer for everything!! Any help on my next move is greatly appreciated.

Umkomaas

They've allowed you another 21 days to appeal to the IAS because they know the IAS will reject your appeal. They could give you 100 goes to appeal to the IAS and they know that all 100 would likely be rejected. They are giving you nothing!

You need to read post #3 of the NEWBIES sticky which highlights the cons and cons of appealing to the IAS. You make your mind up after that. :cool:

prings17

Thanks for your reply Umkomaas.

prings17

My boss got another letter stating they may commence debt recovery actions or legal proceedings against him, but I am the driver of the vehicle. I've read somewhere on this site that they cannot persue the owner only the driver, and they don't have my details. Can someone please clarify that this is true?

Many thanks.

Coupon-mad

VCS can't pursue the keeper (company) if the PCN was not written as a POFA one. Thing is, recently VCS and Excel have both (I think in December) changed to using POFA wording.

So, the first PCN received by post by the company:

- was it addressed to a company name? or an individual person (boss)? Which?

- does it say they are pursuing the recipient 'on the assumption you were the driver'? or does it say they can hold the registered keeper liable after 28/29 days? Which one of the two?

My employer gave the PPC only part of my name and my postcode and they received this Final Notice and passed it on to me telling me to sort it out.

That was a bit dumb because it was neither one thing nor the other!

prings17

Hi Coupon-mad, your reply is much appreciated, thank you.

The letter was addressed FAO my boss' wife then my company name and address.

In an earlier correspondence VCS wrote:- "Please note that responsibility fgor this PCN lies with the driver of the vehicle at the time the contravention was observed. The full name and address of the driver is not made clear within your correspondence and therefore we are at present unable to process your representations for this reason."

Other letters from them also keep asking for the details of the driver or payment of the PCN, failure to comply may result in the issue of debt recovery and/or court proceedings.

Obviously my boss is concerned that he will be issued with CCJ's etc. which neither of us want so I'm unsure on my next move.

Many thanks again for your reply.

Coupon-mad

He can't just be issued with a CCJ (a judgment affecting credit rating) as long as they don't ignore any claim form. They might be issued with a claim form to defend so it is squeaky bum time!

And VCS might use CPS v AJH Films to hold the company liable for your actions as you were on company business, so it is possible that VCS could win a claim even though BW Legal normally muck them up.

If I were the employer I would give your full name and address and extract them from the picture, giving you the charge to defend. More comfortable for you as an employee as well and it sounds like you can defend along the lines of this sort of case:

http://parking-prankster.blogspot.co.uk/2016/12/signage-at-liverpool-business-park.html

http://parking-prankster.blogspot.co.uk/2016/12/heath-parade-graham-park-way-scam-site.html

HTH