PCN->ZZPS->QDR company car charge notice

NOtoPCN

Hi everyone,
Firstly I would like to say hello and apologize for new thread.
As per my title my case is about escalation from PCN to QDR ,charge obtain on my company car.
I have parked my car during shopping at the local retail park on 30/05/2018. PCN (car park operator Civil Enforcement LTD) has been issued 06/06/2018 for 23 min overstay, standard £100 within 28 days £60 if within 14 days.
Because it was a company car I have been informed about this notice couple days after.
Having previous experience with PCN(on my private car) I have ignored this letter . On 22/08/2018 my employer received another letter , this time from ZZPS £170 - ignored aswell.
Last correspondence has been received on 01/10/2018 from QDR Solicitors £182. I was only informed about this today(8/10/2018) now my employer require immediately action as they don't want to be chased for anything.

Its been nearly 4 months since initial PCN has been issued and I'm wonder what can I do to appeal/avoid any charges. My employer never contacted none of the above to identify myself but I can imagine next step will be to make me to pay £186.

I was considering to visit Citizen Advice but reading this form there is no point to chap their doors.

Is it not too late to appeal now? What should I do now?

Once again please accept my apologize for new thread.

Kind regards
NOtoPCN

Umkomaas

Having previous experience with PCN(on my private car) I have ignored this letter .

When did you last receive a PCN? Before Oct 2012? Because that's when the law changed and no one was advised to ignore a PCN thereafter.

Had you appealed to CEL at the time instead of ignoring, they would have almost certainly withdrawn the charge.

Is it not too late to appeal now?

Far too late, as it stands, but read on ....

What should I do now?

If you want to get this away from your employers, if they are the Registered Keeper, get them to write to CEL (not any of the other monkeys on the case) and tell them that you are the day to day keeper (don't let them say 'driver') of the vehicle and they (CEL) must now write to you.

If you then get a Notice to Keeper in your own name, you should have the option to appeal to POPLA.

I'm not saying this is going to be easy, and you may need more than one pass at it, but it's the best attempt at rescue from a bit of a mess.

A couple of things to bear in mind - ZZPS are debt collectors (and should be ignored), QDR, despite their grand title, are no more than debt collectors too - the DCA arm of Wright Hassall solicitors. They can also be ignored - please read the NEWBIES FAQ sticky, post #4 about dealing with debt beggars.

You need to take notice and deal with either a LBC or MCOL Claim (NEWBIES FAQ sticky, post #5 for acronyms).

Forget the CAB.

NOtoPCN

Thank you for rapid response.
PCN issued on my private was before 2012 and I wasn't aware of law changes.

I shall contact my HR and ask them to inform CEL about me being keeper(NOT driver) at that point
(car is now sold and registered to the customer).

Many thanks
NOtoPCN

pogofish

Please read the Newbies Sticky to get yourself right up to date!

NOtoPCN

Hi folks,

Sorry for bother you again.

Is that template is ok to appeal straight to CEL in my case? Or should my work draw up a letter acknowledge them I was the keeper at that time and wait for letter addressed to me from PCN ?

I have found this template in one of threads

Dear Sir/Madam
Re: PCN No.
I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to myself at the address listed below:

My street
My Town
My Postcode
I am the vehicle's keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), Civil Enforcement has no reason to contact MY WORK again regarding this PCN

I believe that your signs fail the test of 'large lettering' and prominence. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Yours faithfully,
My name


I'm off today and I want to get back prepared tomorrow as theya re lookinf for some answers from me.

many thanks again.

Umkomaas

Is that template is ok to appeal straight to CEL in my case? Or should my work draw up a letter acknowledge them I was the keeper at that time and wait for letter addressed to me from PCN ?

There's a more up to date one in the newbies sticky thread (post #1), but you have no part to play in this until you receive a letter from CEL.

NOtoPCN

No not yet I'll deal with this tomorrow.

NOtoPCN

Hi guys,
I'm having an issue with my company to identify me as a keeper, they are happy to notify me as a driver.

Below email from my manager who basically not giving me a chance to deference /appeal.

---

As discussed this morning, I am happy to notify CEL that you were the DRIVER of the vehicle at the time of this offence.

I am unwilling to say you were the "KEEPER" of the vehicle, as COMPANY were the keeper's.

As stated in the Protection of Freedoms Act 2012;

“keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper;


Is that true or how can I go from there?

Fruitcake

NOtoPCN wrote: »

Hi guys,
I'm having an issue with my company to identify me as a keeper, they are happy to notify me as a driver.

Below email from my manager who basically not giving me a chance to deference /appeal.

---

As discussed this morning, I am happy to notify CEL that you were the DRIVER of the vehicle at the time of this offence.

I am unwilling to say you were the "KEEPER" of the vehicle, as COMPANY were the keeper's.

As stated in the Protection of Freedoms Act 2012;

“keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper;


Is that true or how can I go from there?

You are asking your manager to prove the contrary by naming you as the day to day keeper in accordance with the DVLA's KADOE (Keeper At Date Of Event) contract with the PPC and the POFA 2012.

NOtoPCN

Basically what happen was I told them I won't pay for that ticket and they want to prove themselves and me that I will. I don't want to fight to the point where they will tell me pay it or....
I also point them that they not giving me a opportunity to defense myself.

What I've asked for is to take CEL of them and identify me as a keeper but it look like it will be a long fight...

Umkomaas

If they won't nominate you as the keeper, you could just ask them to pass over to you all the paperwork and you will deal with it directly with CEL, to take them out of the loop.

They could just send a letter to CEL saying that you are taking over responsibility for dealing with the paperwork regarding the charge, providing them with your name and address for correspondence. They have no need to state whether you are acting in the capacity of either the driver or the keeper.

Then you write to CEL confirming you were the keeper of the vehicle on the day in question and ask them to correspond with you (give them your name and address) and no longer contact XYZ Company (your employer).

This should all neatly knit together for CEL, but the potential trap for them is set (more on that later - just get them corresponding with you).