PCN->ZZPS->QDR company car charge notice

Fruitcake

There are several entities involved where a vehicle is concerned.

1 The owner.
This could be a private individual, a company such as a haulage or taxi firm, or a lease company.

2 The driver.
The person driving the vehicle at the time of the alleged event.

3 The day to day keeper.
The person who looks after the car on a daily basis, but isn't necessarily the owner or registered keeper, or driver. POFA states, "“keeper” means the person by whom the vehicle is kept at the time the vehicle was parked," and this is you. This is the bit you need to hammer home to your company.

4 The registered keeper
The person whose data is held by the DVLA. The POFA helpfully defines this separately to the (day to day) keeper as "“registered keeper”, in relation to a registered vehicle, means the person in whose name the vehicle is registered;"

The DVLA only hold data for number 4. They do not know who the others are.

This is the problem with people like your manager who don't understand the technicalities of this unregulated scam.

I would arrange a meeting with them and show them what our MPs have said about these scamming cowboys. Ask them if they are willing to attend court and say, I know this person was driving the vehicle at the time your honour. Not, I think, or probably was, or might have been, but state on oath that they knew who was driving even though they weren't there.
Or, would they rather say, this is the person who looks after the car on a daily basis, the day to day keeper as defined by the POFA.

Point out the two different definitions of keeper and registered keeper in the POFA. The UK Government via this act has defined these as two different people, and that is all that you are asking your manager to do.

If you have a union rep, get them involved.

NOtoPCN

Their issue/argument is: I work for company A and vehicle was registered to company B where appear to be under company's A wings. The nature of B company is -Renting and leasing of cars and light motor vehicles. Now they are worried that this case will be further investigated by DVLA and God know who else and they will loose terms to register cars . I told them this is a civil matter and I am more than happy to identify myself as keeper. They refused it but they are happy to identify myself as a driver - this contradict their worries in term of further investigation. I have all paperwork including ZZSP and QDR letter.
They want to sort tis out asap and I give them an opportunity to do so but they are more awkward than anything.

Should I move on myself or do I still need them to draw up a letter.?

Fruitcake

I've edited and amended my pervious post. You need to emphasise to your employer the two different entities of keeper and registered keeper.

The DVLA's contract ends with them supplying the scammers the registered keeper's details for a fee.
The registered keeper is liable for this charge, and only this charge unless liability is transferred to someone else. You have offered to do this but the company are being intransigent.

You are by law the (day to day) keeper, not the registered keeper, as defined by the Act.
Once the company have informed the scammers that you are the (day to day) keeper in accordance with that act, their liability ends. There cannot be any comeback on them if they comply with your reasonable request.

Umkomaas

It seems unlikely that we can find a way around your employer for you. You could just write to CEL and tell them that you are now dealing with this as the keeper of the vehicle and that all future correspondence should now be addressed to you. There's no guarantee that this will work, but don't try, don't get.

At the end of the day being named as driver isn't fatal, it's just that you don't have the protection of PoFA. But the case could be won on other valid points.

nosferatu1001

Or you point out that the company could not nominate ANYONE as driver, as they are not a witness to the events in quesiton, and their nomination has no inherent legal basis of fact. All they know is who is the nomianted keeper, nothing more.

NOtoPCN

I've already sent them this email as I'm sick of asking them to deal with it.
Send them this email and they want to know how I'm going to deal with this
They don't want to be a part of this but they want to grass me so I won't pay that charge and I'll fight on myown.
Email to my smartass manager:
This matter will be dealt by myself. No further action need to be taken by Company B and any further correspondence will be re-directed to me. Any further correspondence should be ignored as I’m in a process of getting this sorted.
The ZZPS so as QDR should NOT be contacted as they are NOT the part of this case
I'll inform you about result of this matter.