Was: Windscreen PCN, Now: IAS appeal win for lease car

Redx

Well you have 2 choices , either adapt one of them or draft your own , if you are not after popla then remove the wording from an existing appeal by adapting it , changing the PPC name to your own if necessary , plus changing it from registered keeper to keeper or hirer or lessee , how hard can it be ?

MistyZ

I like that example you linked to.

You could simply replace 'Registered Keeper' with 'hirer' throughout.

I don't quite understand why the OP in the linked thread refers to themselves as the RK ... hire car situations vary. But it's a very assertive appeal.

foxrocks

MistyZ wrote: »

I like that example you linked to.

You could simply replace 'Registered Keeper' with 'hirer' throughout.

I don't quite understand why the OP in the linked thread refers to themselves as the RK ... hire car situations vary. But it's a very assertive appeal.

I've had a look through but I'm unsure about this bit:

"- You were required to send this information to me (as Registered Keeper) within 21 days after receiving them from the lease/hire company (Arval).
- You were required to send these documents to me no later than 49 days after the NTK was sent to the hire company, which was xx October.
- Therefore I should have received these documents no later than xx December 2015.
- As this has not happened, you cannot use POFA to assume keeper liability. There is more than one driver of the vehicle which you placed a PCN on."

All the driver received is the window sticker PCN, 12 days ago, which I need to respond to as per the Newbies thread:

"In the case of a company car or hire car, if you get a windscreen ticket you MUST appeal before day 28 (well before day 21 when it's an IPC firm which only 'offers' 21 days to appeal - check the PCN). This is in order to hook the PPC in your direction, before they get a chance to get the keeper's details from the DVLA."

So I haven't actually received anything in the post, so I'm not totally sure if at this stage I can actually use a defence pertaining to Notice to Keeper/Notice to Hirer/POFA Schedule 4, as per the example above?

Redx

Adapt an appeal as hirer or as lessee (day to day keeper)

Popla is not an option

If they fail to issue a notice to hirer plus the hire or lease contract within the constraints of POFA then they fail POFA , it is rare for a PPC to stick to POFA on lease or hire vehicles , so the point is you want them to fail so you set them up to fail

You are not the registered keeper , but you are the keeper

Appeal it without revealing who was driving

foxrocks

Redx wrote: »

Adapt an appeal as hirer or as lessee (day to day keeper)

Popla is not an option

If they fail to issue a notice to hirer plus the hire or lease contract within the constraints of POFA then they fail POFA , it is rare for a PPC to stick to POFA on lease or hire vehicles , so the point is you want them to fail so you set them up to fail

You are not the registered keeper , but you are the keeper

Appeal it without revealing who was driving

Ok thanks, I'll have a search for lessee appeal examples for a windscreen ticket where nothing has as yet been sent in the post, and adapt one of those initially.

And just to confirm: for the time being I'm not making mention of POFA paragraphs 13/14, because it's currently too early to do so? Presumably drawing attention to it at this point could potentially allow them to then comply, and would be a bad idea?

Redx

Agreed

The driver received a windscreen ticket and handed it to the keeper , you

You are appealing as keeper , so could use or adapt the blue text template

No giving away any secrets , it's for the PPC to follow correct procedure and prove their case

foxrocks

Received a letter in the post.

"Unfortunately at this stage we are unable to process your appeal.

You have refused to name the driver, as is your right; but without evidence that you are the registered keeper of the vehicle, we are unable to determine your liability for this charge.

If, indeed, you are the registered keeper, we will be happy to process your representation after DVLA details have been sought and a Notice to Keeper has been issued.

Alternatively the driver may make an appeal with a statement of admission and confirmation that they were the driver at the time."

So I just wait for an NTK at this point right?

Redx

You are not the RK , so they are stating that liability remains with the RK

That is both their problem and a problem for the RK too

Until you have an NTH in your own name with your address as either hirer or lessee (Keeper) it's not your problem , so yes , await an NTH but contact the lease company asap

If the lease company named you as lessee and the postal notice is in your name , then ignore this latest ppc reply and wait for developments

Coupon-mad

foxrocks wrote: »

So I just wait for an NTK at this point right?

Very dangerous, given it won't come to you.

What have you done to check with the rk what they will do when they get the threatogram from the scammers, and to make sure they will NOT just pay it and charge you double?

foxrocks

Coupon-mad wrote: »

Very dangerous, given it won't come to you.

What have you done to check with the rk what they will do when they get the threatogram from the scammers, and to make sure they will NOT just pay it and charge you double?

I've spoken to the lease company already and told them not to pay it, and direct any correspondence to me.