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Private firms RENTING land

124

Comments

  • System
    System Posts: 178,375 Community Admin
    10,000 Posts Photogenic Name Dropper
    What paperwork do you have to confirm the claims you are making about breaking down.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What paperwork do you have to confirm the claims you are making about breaking down.

    +1

    Appeal anyway, NOW, and stop faffing. Just don't say who was driving. Say this and attach proof of the breakdown:
    I am the registered keeper and note that you have issued a non-POFA PCN so I cannot be held liable. I will not name the driver and am fully aware I am not required to name the driver under any applicable law, and nor can any presumption be made about a keeper appellant.

    I suggest you are wasting your time and the PCN must be cancelled - if not I will complain to your client, the landowner. The situation was a genuine breakdown, as follows:

    The car had a faulty fuel pump (unknown to the driver at the time). Initially, GEM motor assist were called to the car at another location, but they were cancelled when the car started again and the car was driven on way to owner's house. However, Half way between these two points is where the car cut out on a busy dual carriageway - luckily at the entrance to a car park. A sign was left in the front window that the car was immobilised for the time being. It was moved later in the day to a garage where it STILL is. The garage and GEM motor assist can corroborate this and I attach proof.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    chiplover wrote: »

    Read the first few lines of that thread you have linked to.

    For simplicity, I'll quote it for you:
    Coupon-mad wrote: »
    PLEASE NOTE THIS IS AN ARCHIVE THREAD
    WHERE COMMENTS HAVE BEEN MOVED FROM THIS STICKY:


    NEWBIES!!! HAVE YOU GOT A PRIVATE PARKING TICKET?**READ THIS FIRST**!! Thankyou!!!!
    PLEASE DO NOT ASK YOUR QUESTION HERE.
    Hint: see if you can find the link in that quote.
  • What paperwork do you have to confirm the claims you are making about breaking down.

    The garage where it now is will be giving me a diagnostic report on Friday because it's been there since the date in question.

    I'm wondering if my roadside assistance company will issue a written statement stating the content of the call. If it coems to that I will ask them
  • Thank you all for your unending and quite frankly unbelievable patience.
    I will indeed stop faffing, and I do not intend to leave it until Friday. I will get the garage to email me a diagnostic report from the date in question and see if GEM can prove in written form that the call to them actually happened as I say it did.

    I will let you know how it all pans out in the end...
  • Coupon-mad wrote: »
    +1

    Appeal anyway, NOW, and stop faffing. Just don't say who was driving. Say this and attach proof of the breakdown:

    Coupon mad, please advise; I'm getting more and more confused. Can I now disregard the template on the NEwbie thread and use your statement instead?
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes I would use the version I wrote for you because (unusually) your case is different!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Yes, use the version written for you

    The 14 days you were confused about is for THEM to make the KEEPER liable. All PCNs are for breach of contract, essentially, however only the driver is liable. POFA made it so the kepeer can be liable IF they follow strict rules, which this company do not.
  • I've sent it, but said that I AM ABLE to attach proof. Because the log from the motor assist names the person who made the call. This would identify the driver of the car. After all, if the driver was not present at the time of the breakdown that would be fraud as it is the driver who is covered on a policy with GEM not the car.
  • The company I emailed did NOT replay to me. The only email I had for them were their enquiries email.

    HOWEVER< They have now sent me a sinister and important letter telling me it is my FINAL demand for payment before possible court proceedings and passing it over to a debt collecting agency.

    What to do next please?? I'm a bit scared.

    FYI

    I sent this (many thanks to COUPON MAD):

    'I am the registered keeper and note that you have issued a non-POFA PCN so I cannot be held liable. I will not name the driver and am fully aware I am not required to name the driver under any applicable law, and nor can any presumption be made about a keeper appellant.

    I suggest you are wasting your time and the PCN must be cancelled - if not I will complain to your client, the landowner. The situation was a genuine breakdown, as follows:

    The car had a faulty fuel pump (unknown to the driver at the time). Initially, GEM motor assist were called to the car at another location, but they were cancelled when the car started again and the car was driven on way to owner's house. However, Half way between these two points is where the car cut out on a busy dual carriageway - luckily at the entrance to a car park. A sign was left in the front window that the car was immobilised for the time being. It was moved later in the day to a garage where it STILL is. The garage and GEM motor assist can corroborate this and I can provide proof.
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