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Company Car Eurocar parks fine

2456

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 19 January 2021 at 12:06PM
    No contact should be made with the debt collectors , no phoning them , no writing to them , no contact at all

    The entity named on the PCN retains liability under POFA , so if it's not got your name on it , it's not your problem , you are not legally liable until the boss or fleet manager does this in writing , no phone calls , phone calls do not change legal liability , letters or emails only

    The fleet manager or entity on the PCN should contact the parking company by email or by letter , giving the parking company your name and address as lessee or as hirer , the day to day keeper of the vehicle , meaning they have therefore absolved themselves under POFA. Ignorance of the law is no excuse and no defence

    POFA is over 8 years old , October 2012 , so they should be fully aware of that law by now , the law being the law , and liability under it being theirs until they correctly transfer it by complying with the law , in writing only. They need a paper trail for this

    The Edna basher advice at the bottom of the first post in the newbies FAQ sticky thread near the top of the forum should be followed , they do this for a living !!

    Once the Parking company have your details , you will receive a notice to hirer in the post , an NTH

    Come back when that happens


  • Le_Kirk
    Le_Kirk Posts: 25,663 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    On the PCN there is a tear off slip which the fleet manager (your boss) uses to tell the parking company NOT the debt crawlers, that you are the lessee and here is your name and address for service.  You will then get a NTH in your name and you appeal it using one of the appeals written by Edna Basher but NOT the one for fleet managers, the one for company car driver.  No contact with Debt companies is required or advised.
  • Coupon-mad
    Coupon-mad Posts: 157,723 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 19 January 2021 at 1:30PM
    Jeez your boss sends ONE email and BrownTrout has even given you the email address.  Why are so many UK people so weak they want to pay?

    Of course he does not phone them up.  I despair.  READ WHAT WE HAVE SAID.  THIS IS SIMPLE.  ONE EMAIL.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    What annoys me is People getting paid to do a job and not doing it properly , too much passing the buck , when it's a simple job of using the tear off slip at the bottom of the NTK. If somebo is a fleet manager , then manage !! The clue is in the name , bosses included ( like a data protection officer is liable for data protection , as at their companies )
  • derobe
    derobe Posts: 121 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    edited 19 January 2021 at 3:26PM
    Sorry I missed today's replies before I posted earlier. Should have refreshed the page.
    Browntrout thank you for the email and others thanks for explaining the next steps. AS I said I don't have the PCN so can't use the tear off strip, so I will email ECP directly myself to confirm I am liable?? Or does someone have to do this and 'name' me. I can't see there being any difference..

    How long does it usually take for ECP to respond? I basically want to get the liability transferred to me so the company stops getting letters and I can then appeal it independently as I know I can fight it but everyone else is frustratingly telling me to pay it! I look forward to telling them I have not paid it and won my case however I need to stop the company getting letters first.

    Here's my draft to ECP:
    ***************************
    Dear Sir/Madam,
    I refer to PCN ref:############
    I confirm that I am the day to day keeper of the vehicle including the time of the parking charge notice on 23.9.20 and therefore liable for this PCN which I wish to contest.
    My full name and address are below:
    john doe
    doe lane
    doeville
    d1e 9oe
    Please can you confirm receipt of this email, and confirm that doeville ltd have been removed from your records so they do not receive any further correspondence and that the Notice to Hirer will be sent to me so the matter can be concluded.

    Regards
    John
    *****************************
    Is this ok?

    Thank you!
  • Le_Kirk
    Le_Kirk Posts: 25,663 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    That e-mail should be sent by the lease company, those who are the RK of the vehicle.  Just get your boss to send it in his or the company's name.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 19 January 2021 at 3:37PM
    The person or entity responsible for the last PCN should do it , not you , if it's their details on that PCN !!

    I would assume that ECP sent the original PCN ntk to the lease company first

    They named the company who leased the vehicle so ECP sent a new PCN to that company , presumably your boss or fleet manager. This person failed to nominate the  lessee , you

    You have been told numerous times that you are not responsible until it's in your name. So if you boss received the PCN , or the debt collector letter , or both , they should adapt the fleet manager template by Edna basher and name you as the hirer lessee , the keeper on the day

    You can adapt that template for your boss , all they have to do is email it from the company to the ecp email address (not you) , so it's your company that names you

    This would be a lot easier if you do what we tell you to do !!
  • Umkomaas
    Umkomaas Posts: 44,056 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 19 January 2021 at 4:33PM
    so I will email ECP directly myself to confirm I am liable
    In which case you might as well pay it as you will have confirmed liability. 🤦‍♂️

    You can't do the job your company should be doing in them transferring (not confirming) liability to you. Once you receive the NtH, you deny that you are liable and fight it on that basis. 

    Please follow exactly the advice given and not try to find shortcuts or alternative routes around it, you're just digging a deeper hole for yourself!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 157,723 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    so I will email ECP directly myself to confirm I am liable??
    No, no, no, no no.    For the love of God, you are a third party and can't respond.

    THE FLEET MANAGER HAS TO DO ONE EMAIL TO TRANSFER IT TO YOU.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_Kirk
    Le_Kirk Posts: 25,663 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    so I will email ECP directly myself to confirm I am liable??
    No, no, no, no no.    For the love of God, you are a third party and can't respond.
    THE FLEET MANAGER HAS TO DO ONE EMAIL TO TRANSFER IT TO YOU.
    I suspect it is neither a FLEET nor is he MANAGING, probably one or two company cars leased by "the Boss" who has never done this before!
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