Challenging PCN for company leased vehicle where the driver has been revealed.

_jonny

Hi everyone, I hope you can offer some advice. 

I have received a PCN from Vehicle Control Services, its is a company leased vehicle. My car but another employee was driving. Reason being Parked without clearly displaying a valid permit. The permit was there and valid, just fell off the windscreen so partially obscured. This was on 20/3/2020. PCN received 4/4/2020

I have read as much info as I can and believe since their NTH in non compliant, no documents provided with the PCN, I can just use one of the POFA templates from Edna Basher for leased vehicles. Though they are IPC not BPA so bit confused on that point.  The problem is that the the person driving initially appealed identifying themselves as the driver, however since the PCN was issued to the business they used the business address rather than personal address. 

VCS then wrote back asking to appeal again and provide the residential address. That letter was missed as we are working from home, so VCS have now written again stating that since the drivers address has not been provided they are contacting the business as the hirer and giving us until the 10/6/2020 to appeal or pay. 

So do I just continue with the standard appeal process and ignore the fact that the driver has been named since they don't know the address? If so am I correct to use the POFA approach? 

Thanks in advance. 

Coupon-mad

Yes, if you are saying that there were 3 layers:

1. lease firm (owner)
2. your employer company (hirer)
3. the driver

And VCS are reverting to the company - your employer (#2 above)? There is no appeal, so woudl the company be prepared to defend this is court, or not?  Or would it be best to give the full driver details after all and the driver defends when it goes to court, as it will.  DON'T try IAS.

We win 99% of defended case on this forum, so, who should the Defendant be.  Decide that now.

KeithP

_jonny said:

This was on 20/3/2020. PCN received 4/4/2020. 

You say the event was on 20th March.  You also say the PCN was received on 4th April.

Is 4th April the date you actually received the Notice to Keeper, or is it the date that it was sent by the parking company?

The point being that you are in a better position if the NtK arrived with the keeper over 14 days after the event.

What is the actual issue date on the Notice to Keeper?

_jonny

Thanks for the responses. 

Coupon-Mad - Yes that is correct, they are reverting to #2 the company/hirer. The company is mine, and the driver is my partner so would probably prefer to defend as the company rather than personally. 

When you say there is no appeal, are you meaning because they will just reject anything sent and opt for court instead rather than an actual appeal?  As they have offered the opportunity.

KeithP - The date on the PCN/Hirer Notification says it was issued/posted on the 2nd April, I think I read things are presumed to arrive 2 days later so was using that date. The truth is, nobody has been in the office due to COVID I picked up post on 25th April so can't say for certain when it was received. 

Coupon-mad

When you say there is no appeal, are you meaning because they will just reject anything sent and opt for court instead rather than an actual appeal?

Yep, but this is all covered in the 3rd post of the NEWBIES thread, about IAS and why not to try it.  Look who runs or is responsible for the anonymous & bizarre 'decisions' by the IAS, and also run (or ran) the Trade Body, and Gladstones solicitors who file the court claims!

http://parking-prankster.blogspot.com/2017/06/all-change-at-gladstones-and-ipc.html

Come back when you get a Letter before Claim.

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.