I received a PCN for my work hire vehicle.

johnryder84

Hi all, yeaterday I was informed by my work supervisor that I had received a parking fine for £100. I was then emailed the PCN by another manager which contained correspondence from a transport manager stating "...7 days to pay the fine." The hire company had received the fine on the 8th of October which reached the transport manager on the 13th of October  and I was then informed of the PCN yesterday (19th).
Now I checked the date of when and where I received the fine. It was last month (September) and the parking space was a leisure centre which we had been using to go to the toilet as it was a local authority run leisure centre. Up until recently it had been taken over but still in cooperation with the local authority so mobile workers could use the toilet facilities. Anyway that day I suddenly had the urge to use the toilet and jumped in my van and got to the leisure centre which had then informed me that the toilets were "for members only and covid measures restrict members of the public using the toilet". That was fair enough but the urge to use the toilet had left me no choice but to run to the van, climb into the back of it and use a black bag to do my business. It took me awhile to go and then clean myself up. So fast forward to today I find myself here with a pcn from Gemini.

I have got the general idea on appealing the pcn, would it be advisable to complain to the leisure centre and then appeal the PCN explaining the situation?
I am also concerned about my manager and the transport manager as they want to be kept updated on whats happening with the fine.
 Do I have to inform them and does he have the right to give Gemini my contact and address details? 

Thanks

Redx

Tell them to name you as keeper/hirer of the vehicle to Gemini , under their lawful obligation under POFA , so to name you as hirer or as lessee of the vehicle , with your name and address as keeper. They should not mention who was driving because they did not witness it and so cannot swear it on oath , in court

There is a fleet manager reply they can adapt in post one of the newbies FAQ sticky thread near the top of the forum , it's near the bottom of that first post , so not the blue text template which is for registered keepers

Then await your PCN in your own name at your home address , then come back to this thread

POFA is 8 years old , so no excuse for your works fleet manager for not following the law !!

You have no responsibility until it has your name and address on the PCN

It is an invoice , not a fine , that word should not be used

D_P_Dance

It is not a fine.  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 in some cases, cancellation. 

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, and an independent appeals service will be set up,

Coupon-mad

Why aren't you just doing what the NEWBIES PLEASE READ THESE FAQS FIRST thread tells people to do?

No need for threads about any PCNs until POPLA or court stage.  Appeal stage isn't something that needs further advice.

johnryder84

Thank you for the responses.
The reason I have posted was because of the wording from my manager who has told me "Please see attached parking notice. Please can you follow the process to ensure this is paid expediently and CTS are informed of your actions."
Then this original email from the fleet assistant (not the manager, apologies but he was cc'd in the email)
"Please find attached Penalty Charge Notice .  Please can you pass on the intended notice of Prosecution to the driver, and ask the driver to pay the fine, within the next 7 days, Failure to do so may occur additional cost which will be paid by the driver or any appeals will be the driver responsibility to appeal directly themselves.(This excludes Seat belt offences & Speeding offences)

 

You can pay online BUT please can you make sure that you email myself to confirm reference number and the date it was paid. So the file can be closed.

 

If the driver wishes to appeal or go ahead, could you please keep us updated with the progress for our records.

 

We must reiterate – We will not make any appeals on behalf of the driver, they must do it on their own accord".

So upon reading that I was thrown off as to what to do hence me being here to clarify in my mind the actual actions to take as the last part of the email above has left me unsure.

Do I 

1) contact landowner with a complaint?

2) have the fleet assistant give them my details naming me as the leesee/hirer of the vehicle?

3) as a mobile worker, I don't live in the area where the vehicle was parked as it is in another city but if I were to complain would it be to my local mp or to the mp of the area in which the leisure centre is located.

And apologies, I know how frustrating it is for all of you who have done so much great work and then have someone post a thread like this having to be led by the hand as to what to do. I do appreciate the work that is done here.

Thanks again

KeithP

If ever you are going to complain to any MP about anything, it is always to your own MP.

However, you might want to send a copy of your complaint to the other MP as I am sure they would be only too keen to learn what is going on on their patch.

Redx

1) when it's in your name

2) yes , ideally use the fleet manager template , adapt it and get the fleet manager or assistant to tell the PPC using your name and address for service by using it , to get an NTH in your own name from the Parking company

3) you are a constituent of your own local MP , so they are your initial contact , they ALWAYS are

There is no prosecution because there is no offence

johnryder84

Thank you again just so I am totally clear the fleet manager would have to contact the hire company who had received the pcn? Or the fleet manager contact Gemini directly?

Thanks  

Redx

Whoever has the PCN as RK or as hirer should do it , but as long as it's done , that's the main thing , I say this because the waters are muddied due to too many cooks before it got to you

POFA allows the RK to name the keeper , which absolves them from liability , until they do so they are legally liable , they cannot just pass the buck expecting others to do their work for them , their letter sounds pompous to me , or naively stupid , because the transport manager should have done it after the NTH came in the hirers name

I would adapt the template , send it up the chain and tell them to use it and name you as the day to day keeper , as is your legal right under the law of POFA

Coupon-mad

have the fleet assistant give them my details naming me as the lessee/hirer of the vehicle?

Yes, they are IDIOTS if they can't work out how to transfer liability - there is even a form on the stupid fake PCN and it's not a Police NIP!  They really are clueless.

nosferatu1001

Also, why do they witter on about Penalty charges, NIP and speeding? Idiots.