I received a PCN for my work hire vehicle.

Umkomaas

Shall I email my response to the PCN or mail it in? I've set up a seperate email account to deal with Gemini.

What does the NtH say about the method(s) acceptable for the appeal?

Coupon-mad

johnryder84 said:

Le_Kirk said:

johnryder84 said:

hi this is the letter they sent me which I have pixelated and cropped. This was the only document I had received. 
So carry on following the Edna Basher post and follow her steps to reply to this PCN? 

Yes, use the most appropriate one to your circumstances.  Did the NTH include all the documents required to be sent to you according to POFA?  See paragraph 13(2) b & c.

No documents just the letter. As I mentioned before the hiring of the vehicle is handled by a transport department, passed onto my manager in another department who passes it onto a supervisor who passes it on to me, so I don't even know how they would come up with the documents so maybe that works in my favour(?).
Shall I email my response to the PCN or mail it in? I've set up a seperate email account to deal with Gemini.

It doesn't sound like you have been sent a NTH in your name, so you can't appeal IN YOUR NAME.

The Company needs to name you as the lessee/hirer first, so you get a NTH to your home address, to appeal.

OR, appeal in the name of the recipient company named on the letter BUT ONLY IF YOUR COMPANY LET YOU ACT FOR THEM LIKE THAT.

KeithP

johnryder84 said:

Le_Kirk said:

johnryder84 said:

hi this is the letter they sent me which I have pixelated and cropped. This was the only document I had received. 
So carry on following the Edna Basher post and follow her steps to reply to this PCN? 

Yes, use the most appropriate one to your circumstances.  Did the NTH include all the documents required to be sent to you according to POFA?  See paragraph 13(2) b & c.

No documents just the letter. As I mentioned before the hiring of the vehicle is handled by a transport department, passed onto my manager in another department who passes it onto a supervisor who passes it on to me, so I don't even know how they would come up with the documents so maybe that works in my favour(?).

Yes, that works in your favour.

If they have not included the documents specified in para 13(2)(b) and (c) of POFA Sch4 with a Notice to Hirer, then they have not followed the conditions of POFA sufficiently to transfer the driver's liability to the keeper.
Therefore you, being the keeper, have no liability.

Redx

If you have a Popla code , you prepare your Popla appeal as a PDF , including all their pofa failures

This pdf will be uploaded to the popla website as an appeal , selecting other , same as everyone else does

Surely you have read the third post of the newbies FAQ sticky thread by now ?

Full instructions are there

If you have appealed it.  Been refused and been given a popla code , you do not reply to Gemini at all , so it's

Appeal to Gemini , once , as hirer keeper , using an Edna basher template
Gemini reject the appeal and issue the popla code
You appeal to Popla using the code
Gemini put in their evidence pack , or they fold instead
You put in your short rebuttal if they haven't folded
Popla decides

Le_Kirk

johnryder84 said:

Le_Kirk said:

johnryder84 said:

hi this is the letter they sent me which I have pixelated and cropped. This was the only document I had received. 
So carry on following the Edna Basher post and follow her steps to reply to this PCN? 

Yes, use the most appropriate one to your circumstances.  Did the NTH include all the documents required to be sent to you according to POFA?  See paragraph 13(2) b & c.

No documents just the letter. As I mentioned before the hiring of the vehicle is handled by a transport department, passed onto my manager in another department who passes it onto a supervisor who passes it on to me, so I don't even know how they would come up with the documents so maybe that works in my favour(?).
Shall I email my response to the PCN or mail it in? I've set up a separate email account to deal with Gemini.

Well there is one POPLA point and one defence point (if it gets that far) for you.  If the PCN states you can e-mail it and gives an address that's fine but it might also be on the PPC's website.

johnryder84

Hi all, thanks for the responses, much appreciated, I have appealed the PCN from Gemini using the Edna Basher Template regarding "schedule 4 of POFA".
I will let you know what the response will be. 

All the best

johnryder84

I received an automated response from Gemini stating they do not process appeals via email and directed me to their website which has given me a number of options that to me but none that deal with POFA. Any idea what shall I choose? These are the screenshots of the options below. 

Thanks

johnryder84

Other options on the appeals

Redx

Post your appeal by royal mail with a free certificate of posting as hirer keeper or as lessee keeper because none of those seem suitable for a keeper appeal

You are not appealing under POFA , you are appealing as a keeper, as a Hirer or as a lessee

Put a complaint in using the BPA website stating that there are no keeper options on the Gemini appeals page , attaching copies of the screenshots

Coupon-mad

Why did you appeal by email if that wasn't offered as a route to appeal, on the PCN?  Makes no sense.