Company Car Eurocar parks fine

derobe

Thank You for the responses again, not my intention to frustrate I have not done this before. I have copied the below template from Edna Basher for the fleet manager and just added the bit in bold to now send to euro car parks change of liability email address. I have access to the companies general info@ address so can send this myself as the company. My only other concern is that I am now contacted by debt recovery plus and not euro car parks. Have they sold the debt on? Is there a risk that ECP will now refuse to deal with me and respond to say the debt is not with DRP and only they can deal with this? I am trying to avoid another letter coming through from DRP as it will upset my boss and he's given me the car in good faith we are only a small team of 3.

Much appreciated.
******************************************************************************************
 Dear Sir,

Parking Charge Notice Ref. 123456: Vehicle Registration FU02PPC

We are in receipt of the above-detailed Parking Charge Notice ("PCN") dated 8th August 2018 and issued by Topher Ltd to our company [ABC Ltd] ("[ABC]") in respect of an unpaid parking charge allegedly incurred at Homebase, Bath on 1st May 2018.

We confirm that ABC is the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 ("POFA") and we write to dispute this PCN.

Although the PCN states the reason for issue as "overstay", it provides no evidence to support this claim. In the absence of any conclusive evidence in support of the alleged breach, we trust you will agree that it would be unreasonable for Topher Ltd to expect us to pay this charge.

Notwithstanding this, the PCN failed to comply with the strict requirements of Schedule 4 of POFA and consequently Topher Ltd has forfeited any right to claim unpaid parking charges from [ABC] as the vehicle's hirer and keeper.

Within 28 days please provide us with written confirmation of Topher Ltd's acceptance that it cannot and does not hold [ABC] liable for this parking charge and that this is now purely a matter between Topher Ltd and the driver.

We confirm the driver at the time of the contravention was:
FULL NAME
ADDRESS

Thank you for your cooperation and we look forward to receiving this confirmation.

Yours faithfully

Redx

The alleged debt cannot be sold on and the debt collectors are powerless so can and should be ignored , even if they keep sending letters

That template needs a lot more changes than you propose , because it mentions Topher and your PCN won't be from Topher , so make all changes required , such as VRM , PCN reference , drp reference , parking company name , lease company where applicable , plus the location if required because all , repeat , all of that template needs the relevant stuff changing to suit your details regarding this outstanding PCN

Don't blow it at this stage due to not doing enough changes to it

It's not Topher , it's ECP

It's not Homebase , it's a different locatio ( I assume it's not Homebase ? )

There is more to change than just your name and address , plus it's naming the hirer , not the driver , nobody is going to tell them who was driving !!
You may as well pay up now if you are going to tell them who was driving !!

So hirer/day to day keeper

Once completed , use the company email address and email it to the address given by brown trout earlier

Ecp should then contact you at your address

Le_Kirk

We confirm the driver at the time of the contravention was:
FULL NAME
ADDRESS

NO.  Not the driver, how can they possibly know?  Were they there?  It has to be day to day keeper/hirer.

derobe

Le_Kirk said:

Coupon-mad said:

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!

Yes that is correct! 

Nuddmann

This looks pretty much the same in terms of who deals with the charge as the thread I posted last year here

https://forums.moneysavingexpert.com/discussion/6141774/leased-company-car-transferring-liability-to-driver/p1

It looks like @derobe's company lease the vehicle from the lease company, so the RK has transferred liability to @derobe's employer. Same as my lad's circumstances. My son dealt with it by essentially taking on the role of the employer, appealing in the employer's name but ensuring that he was the point of contact for all correspondence. 

Looking quickly at my thread, this was suggested by CM, with the caveat that if it went to POPLA and that failed he might have to stump up, although it seems the OP has left it too late for POPLA? Her post is third post down on page one.  

HTH

Redx

Dear Sir,

Parking Charge Notice Ref. 123456: DRP Ltd reference 0123456789 :Vehicle Registration FU02PPC

We are in receipt of the above-detailed Parking Charge Notice ("PCN") dated 25th September 2020 and issued by Euro Car Parks (ECP) Ltd to our company [ABC Ltd] in respect of an unpaid parking charge allegedly incurred at Name of car park, City or Town on 23rd September 2020.

We confirm that ABC LTD is the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 ("POFA") and we write to dispute this PCN.

Although the PCN states the reason for issue as "overstay", it provides no evidence to support this claim. In the absence of any conclusive evidence in support of the alleged breach, we trust you will agree that it would be unreasonable for ECP Ltd to expect us to pay this charge.

Notwithstanding this, the PCN failed to comply with the strict requirements of Schedule 4 of POFA and consequently ECP Ltd has forfeited any right to claim unpaid parking charges from [ABC LTD] as the vehicle's hirer and keeper.

Within 28 days please provide us with written confirmation of ECP Ltd's acceptance that it cannot and does not hold [ABC LTD] liable for this parking charge and that this is now purely a matter between ECP Ltd and the actual hirer/daily keeper listed below.

We confirm the hirer/day to day keeper at the time of the contravention was:

FULL NAME

ADDRESS

EMAIL

Thank you for your cooperation and we look forward to receiving this confirmation.

Yours faithfully

I have made alterations and highlighted in bold what you need to change or to add, change everything required to the correct details

The link in the Nuddman post is a different company , Parking Eye, different location , different vehicle etc , but is essentially the same topic and was dealt with the same way, albeit I would have suggested using hirer/day to day keeper, not driver

so essentially the same saga as this thread, the templates must be adapted to suit each case , so ABC LTD becomes your company name , the email is sent from your company info@ email address , etc

derobe

Redx said:

Dear Sir,

Parking Charge Notice Ref. 123456: DRP Ltd reference 0123456789 :Vehicle Registration FU02PPC

We are in receipt of the above-detailed Parking Charge Notice ("PCN") dated 25th September 2020 and issued by Euro Car Parks (ECP) Ltd to our company [ABC Ltd] in respect of an unpaid parking charge allegedly incurred at Name of car park, City or Town on 23rd September 2020.

We confirm that ABC LTD is the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 ("POFA") and we write to dispute this PCN.

Although the PCN states the reason for issue as "overstay", it provides no evidence to support this claim. In the absence of any conclusive evidence in support of the alleged breach, we trust you will agree that it would be unreasonable for ECP Ltd to expect us to pay this charge.

Notwithstanding this, the PCN failed to comply with the strict requirements of Schedule 4 of POFA and consequently ECP Ltd has forfeited any right to claim unpaid parking charges from [ABC LTD] as the vehicle's hirer and keeper.

Within 28 days please provide us with written confirmation of ECP Ltd's acceptance that it cannot and does not hold [ABC LTD] liable for this parking charge and that this is now purely a matter between ECP Ltd and the actual hirer/daily keeper listed below.

We confirm the hirer/day to day keeper at the time of the contravention was:

FULL NAME

ADDRESS

EMAIL

Thank you for your cooperation and we look forward to receiving this confirmation.

Yours faithfully

I have made alterations and highlighted in bold what you need to change or to add, change everything required to the correct details

The link in the Nuddman post is a different company , Parking Eye, different location , different vehicle etc , but is essentially the same topic and was dealt with the same way, albeit I would have suggested using hirer/day to day keeper, not driver

so essentially the same saga as this thread, the templates must be adapted to suit each case , so ABC LTD becomes your company name , the email is sent from your company info@ email address , etc

Many thanks for this, I will give this a go and let you know the response!
Just one final question, will DRP cease writing to us once ECP acknowledges the email and send the NTH to me?

Redx

Drp will do whatever they feel like doing on behalf of their client and nothing you can do can really change that

But I would say wait and see if ECP write to you or contact you first , then if they do , use the company email address again to write back to Drpl telling them that the keeper/hirer has been given to ECP so to refer the matter back to ECP for further instructions

We don't care about the powerless debt collectors , so neither should you , neither should your boss , you may as well be afraid of the boogieman !!

So do the above and come back to this thread with more info when ECP contact you at your address in your name

Don't start a new thread about this , keep it all in here for this saga

Ideally get the landowner to cancel this at source , with a complaint , which is plan A

nosferatu1001

They shoudl do, but given we do not control DRP, the PPC does, the people to deal with IF they keep writing is obvious

derobe

Nuddmann said:

This looks pretty much the same in terms of who deals with the charge as the thread I posted last year here

https://forums.moneysavingexpert.com/discussion/6141774/leased-company-car-transferring-liability-to-driver/p1

It looks like @derobe's company lease the vehicle from the lease company, so the RK has transferred liability to @derobe's employer. Same as my lad's circumstances. My son dealt with it by essentially taking on the role of the employer, appealing in the employer's name but ensuring that he was the point of contact for all correspondence. 

Looking quickly at my thread, this was suggested by CM, with the caveat that if it went to POPLA and that failed he might have to stump up, although it seems the OP has left it too late for POPLA? Her post is third post down on page one.  

HTH

yes that's right. 
Good to see you got your charge removed. Hopefully, I will achieve the same result although acknowledge I have left it late with it going to DRP. From my understanding, DRP has no authority to actually enforce anything and is just a company built on scare tactics to earn a bit of commission off of ECP if they get you to pay up.

The letter from DRP doesn't actually say they will take me to court (and I'm guessing they can't only ECP can do this?) this is what it says:
"Our records show that you have not yet paid a parking charge you received at place/date.
The majority of drivers who received a parking charge in the [postcode of the companys registered address] area, pay it within 30 days.
You are currently one of the very few who hasn't
You have already lost the original discount you were offered by not responding sooner and if your case enters legal proceedings at the next stage and you are unsuccessful, your total charge including court fees may rise to £235. If this is unpaid your credit score may be affected.

You owe £155. To pay now visit www.paydrp.com