PCN - Scotland Leased Car question

brizoh

Hi all,

I've been reading through the great advice on the forum, trying to take it in - but had a question that I hope someone can help with.

When appealing to a PCN for a leased car in Scotland, should POFA be mentioned at all, as I understand POFA is not recognised in Scotland? From the sticky I can see a great template but it does include several references to POFA

For context, I received a PCN from Civil Enforcement Ltd recently - I'm still within the 28 days from PCN issue date (prior to receiving this, I received a letter from the leasing company advising of the charge, and their £10 admin fee)

The PCN is addressed to me, as the hirer - I haven't formally confirmed that my details were provided to the PPC by the leasing company but assume this to be the case.

Any advice would be greatly appreciated

Thanks in advance

Castle

Did the parking event happen in Scotland?

Umkomaas

You must hook the PPC away from the hire company otherwise they will likely continue to harass the hire company who might just pay them off, charge you the £100, not to mention another £10 admin on top.

I would just write to CEL to simply say that you are now dealing with the charge (ref XXXXX) as the hirer of vehicle AB12XYZ and that any further correspondence should be addressed directly to you. Add your name and full postal address.

Anything further you get from CEL you simply ignore - provided you do not identify the driver to them at any time.

You also copy your letter to the hire company and formally notify them that you are now dealing with this - they are to no longer need to be involved. You will not be liable for anything further they expend on the matter.

brizoh

Yes, sorry should have made that clear - the event happened in Scotland (no evidence supplied with notice/charge etc)

Thanks

brizoh

Thanks to you both for the responses - so it's really as simple as notifying CEL (and the leasing company) that correspondence should be addressed to me, while obviously not specifying who was driving, then no further action?

Umkomaas

brizoh wrote: »

Thanks to you both for the responses - so it's really as simple as notifying CEL (and the leasing company) that correspondence should be addressed to me, while obviously not specifying who was driving, then no further action?

It won't stop CEL hitting you with a barrage of letters, some no doubt threatening court action. These can be ignored, don't be tempted to push back at them in frustration.

In the vanishingly unlikely event you get a letter from them (or any solicitor they might employ) headed 'Letter Before Claim' (or similar wording) or a real Sheriff Court Claim, do come back.

CEL have had their own run in with the Sheriff Court in recent years and I'd hazard a guess that they wouldn't be too keen on a revisit - whichever side of the dock!

Fruitcake

As already mentioned, the most important thing is to get this away from the hire/lease company.
Once you have correspondence from the scammers addressed to you, the lessee/day to day keeper, I suggest you write back to them confirming receipt of same, then ignore everything except court papers after that.
Then, write to the hire lease company with a copy of the scammers documents to show you are dealing with it, and enforce the statement that liability has now passed to you and they must not get involved even if the scammers try to pass liability back to the lease/hire company.
We have seen this before, so come back here if they try it on.

brizoh

Great, thank you all for the advice - it’s appreciated