EXCEL PCN with a twist

Allygash

Hi there, Advice please

Place: MediaCityUK Surface car park Salford M50
Contravention Date: 21/07/19
Company Excel Car Parking
No ticket on windscreen, first knowledge of issue was when we received a notification from Enterprise car hire of a traffic 'violation'.
Received a PCN directly from Excel to my address(Company address)12/09/19 for a hire van our company had rented, with photos(B&W). The PCN Hirer Notification (HN) was dated 11/09/19 & didn't include any hire agreement from Enterprise(PoFA Schedule not in use due to IPC?)
We have now received the Final demand letter dated 25/10/19 for £160. Now for the twist, the parking fee of £8.10 was indeed paid on the day in question via connect cashless app but the reg was for a personal car not the reg of the hired van, despite trying to use the correct hire van reg using the app. Checked the app when we received the initial invoice and you can see the incorrect personal reg in the app not the hired van... However when we checked the companies barclays account you can see the £8.10 payment to excel parking clearly.
So the question is which is the best avenue of defence to pursue since it looks like a court date is inevitable since the Final demand letter states "your opportunity to appeal this debt has already lapsed". Many thanks in advance for any advice.

waamo

Damn. I was hoping the twist was really a twist and not something that we get every day. Never mind.

You have multiple avenues of defence. You've paid (albeit using the wrong reg plate). The signage needs looking at as it may not be up to standard. Have they transferred liability properly? There are multiple avenues don't just defend on one point.

Coupon-mad

(PoFA Schedule not in use due to IPC?)

What? No, a hirer company Defendant can ONLY be held liable under the POFA as they can't have physically been the 'driver'. So, no POFA = no company liability.

Reply and say that, and tell Excel that the driver was not on company business (?).

I hope they were not, as there is a secondary argument Excel will throw at this, and that's CPS v AJH Films, and the law of agency). Search the forum.

Fruitcake

I see no twist either.

If you haven't already appealed then do so using the hire/lease template written by edna basher you will find in post 1 of the NEWBIES. You could if you wish add a one liner that they have failed the strict requirements of the PoFA Schedule 4 para 13 and 14 and therefore neither the keeper (hire Co) nor hirer can be held liable. They should therefore take the matter up with the driver who will not be named.

In addition, tell the hire company you are dealing with it and remind them that the BVRLA (hire company ATA) tells them that they must not pay the charge and pass it on to you.

Redx

Seen dozens of hire or lease vehicle cases on here in 7 years , including where a company has received a pcn etc instead of an individual

Follow the advice above , plus anything written by Edna basher and staffs

No twist here , just the usual lease or hire vehicle scenarios

Allygash

Thank you for taking the time & trouble to reply. I have the hire/lease template written by edna basher ready to go with the suggested one liner about failing POFA. With regards to the fact we had paid the £8.10 parking fee(via connect cashless app) all be it with the wrong car/reg, would you advise telling Excel that in the same email, stating we have proof of payment? The companies Barclays account statement clearly shows the £8.10 payment to Excel parking. Thank you in advance.

Coupon-mad

Absolutely NOT.

Allygash

Understood but I thought if I was to pursue multiple avenues of defence, the fact that the company have paid the parking fee(albeit with the wrong reg) via the app would sit well in court when we get our date, along with the other one liner about failing POFA. I appreciate your time & effort in responding to my queries.

waamo

Allygash wrote: »

Understood but I thought if I was to pursue multiple avenues of defence, the fact that the company have paid the parking fee(albeit with the wrong reg) via the app would sit well in court when we get our date, along with the other one liner about failing POFA. I appreciate your time & effort in responding to my queries.

Multiple avenues of defence are good but not one where you admit doing something wrong.

At this initial stage just go with the templates.

Redx

Save any evidence for the WS plus Exhibits stage

For now you are drafting the legal defence , not the story , the defence is not an explanation

Allygash

Understood, Thank you