PCN - non-compliant with PoFA

Sonikku

I work in the Finance department of a company, I have been given a PCN for one of our company vehicles to pay and recover the amount from the driver of the vehicle.

When I have examined the PCN I have noted that it is non-compliant with PoFA 2012, as it was created 18 days after the date of the 'incident'. On the rear of the PCN it states that the the PPC doesn't know the name and service address of the driver.

The company intends to appeal on this basis - should we send the blue template appeal detailed in post 1 of the Newbies thread as is, even though doesn't explicitly explain the reason that the PCN is unrecoverable and contains points which may or may not be relevant.

I've never done this before so I want to ensure that I do this correctly!

Umkomaas

I have been given a PCN for one of our company vehicles

Are your vehicles leased through a leasing company or owned outright?

recover the amount from the driver of the vehicle

We have seen companies summarily recover from wages/salary of the individual. There are legal/employment contractual issues around this and you might want to seek appropriate advice before leaving someone £100 short at the end of the week/month.

Sonikku

The vehicle was purchased from the dealer and is owned by the company. The vehicle is registered in the company name with the DVLA.

We have already have taken advice from our employment law adviser in relation to recovery of costs, we are aware of the laws surrounding this, and we are compliant with them - thank you for the warning though.

The_Deep

It is the will of Parliament that these scammers be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Umkomaas

Sonikku wrote: »

The vehicle was purchased from the dealer and is owned by the company. The vehicle is registered in the company name with the DVLA.

OK, thanks for confirming. There are two choices, either the company can appeal as the registered keeper of the vehicle or can respond to the PPC and provide them with the employee's details as the day-to-day keeper of the vehicle (or even the keeper on the day if the vehicle isn't allocated to him on a longer term basis). Please don't nominate him as the driver as PoFA Protection for him is weakened.

From what you've said, if the NtK is potentially out of date for your company it would be better for the company to appeal it and hopefully get shot of it. Transferring via the PPC to the employee is likely to see them hit the PoFA timeline for him, exposing him without PoFA Protection.

Could you give us please:

Date of alleged contravention
Date of Issue on the NtK
Date NtK received by the company
ANPR camera capture case?
Name of PPC.

Redx

Sonikku wrote: »

I have been given a PCN for one of our company vehicles to pay and recover the amount from the driver of the vehicle.

When I have examined the PCN I have noted that it is non-compliant with PoFA 2012, as it was created 18 days after the date of the 'incident'. On the rear of the PCN it states that the the PPC doesn't know the name and service address of the driver.

The company intends to appeal on this basis - should we send the blue template appeal detailed in post 1 of the Newbies thread as is, even though doesn't explicitly explain the reason that the PCN is unrecoverable and contains points which may or may not be relevant.

I've never done this before so I want to ensure that I do this correctly!

its not the blue text template you need

scroll further down to the bottom of that post and read the advice by member edna basher, who does this all the time for his company vehicles
you can add a paragraph stating that this PCN is not POFA2012 compliant if you want to

Umkomaas

I agree with Redx's advice. Edna Basher, I understand, has a pretty senior transport management role in his company and he is the best versed on here in dealing with the situation you find yourselves in. I don't think he loses many!

Edna_Basher

Hi Sonikku

Your company's chances of killing this PCN off early will depend on whether the parking company is an accredited operator of the BPA or IPC.

Please let us know which parking company issued the PCN.