Company Car - Parking Fine after 3 months

CompRep

Hi All,

Thanks for reading, I have read through the Newbie thread and the company car advice section but unfortunately have not been able to find an answer to my question.

My company has received an ANPR Notice to Keeper from National Car Parks approximately 3 months after a parking occurrence. having read the guidelines of POFA it seems like the first letter was submitted to the leasing company within the 14 day deadline, the leasing company replied after roughly 30 days, and after that the new NTK was not dated until 51 days later. My understanding is that this breaches POFA and removes keeper liability. (Driver has not been identified)

I have appealed to express the above (after 21 days), NCP however have claimed that the appeals window is 14 days, despite their own paperwork clearly stating it is 28. They have forwarded the case to their legal team "BW Legal" who have said that appeals are no longer possible because the deadline was missed. even after several emails highlighting that it was not missed, the stance from BW legal is that "NCP maintain their current position" i.e. that they are owed money, they are simply ignoring all communication to NCP, and BW Legal simply reply with "the clients position remains unchanged" and do not provide any evidence as to how they have maintained the timelines contained within POFA. They are now asking me to provide evidence of how they have breached it, but that does not seem right?

Any advice would be greatly appreciated, Many thanks.

The_Deep

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Redx

Complain to the BPA by email about the lack of appeal by popla, enclosing copies of all the documents

CompRep

Hi Both, thank you for your advice, I will certainly be putting in complaints. However neither of these help with the situation currently as BW are still insisting on either payment or a court date. Attending court is a huge waste of time and money. Is there any advice on how to kill this particular fine? BW are asking my to justify why their claim does not fall within POFA, but I feel if they are invoicing me, they should have to demonstrate that it does.

Quentin

If you want to use non compliance with POFA then make that part of your defence if this does end up as a claim


A 'court date' is a long way down the line!

DoaM

What does your company's Car Policy state about parking charges (invoices)? Read how it is worded very carefully. For example, my company's Car Policy says as below - this means that private invoices (parking charge notices) are not covered by the policy therefore cannot be charged to me without the company being in breach of policy:

Charges and Fines
Company drivers are responsible for paying all parking, speeding or other fines. Such fines must not be left unpaid as this will result in the authorities taking action against the Company. The Company will deduct any fines or penalties direct from the employee’s salary.

Is it your company, or are you an employee?
Who exactly has received the PCN? You or the company?

CompRep

Hi DoaM, The Notice to Hirer was delivered to the company I work for, I am not the owner of the company and the notice to hirer was addressed to the company. If any charges are paid by the company they would be charged back to the employee that was driving the vehicle at the time (Currently unnamed).


BW keep threatening further court action against the company, but I cannot see any legal basis for their continued threats. However 'the company' wants this issue resolved. We received another letter today increasing the fine yet again not to over £250. but they are doing this alongside my ongoing disputes, effectively ignoring them.

DoaM

Tell them to bring it on? ... A company cannot be the driver of a vehicle, and I'm not sure if NCP notices are POFA-compliant therefore (if true) the vehicle keeper cannot be liable.

Even if they are compliant, all that can be claimed is the original PCN cost plus court costs and maximum solicitor costs of £50 ... so £200 maximum. Debt recovery costs (which have not been incurred) cannot be added - a judge has already ruled these as "an abuse of process".

PS - I note you don't tell us what your company Car Policy states. If you try to foist this on the driver, tell him/her to come here for advice.

Quentin

Have you read up on this in the newbie faq thread - there is a section on company cars and the importance of making sure your employer knows not to pay this as you will deal with it!


See #1 in the FAQ (near the top of the forum)