Company Car Eurocar parks fine

Redx

Yeah , all bluster and no substance

Only ECP or their solicitors can take a recipient to court , so if drp cannot scare the victim they get nothing at all ! No win , no fee

Deal directly with ECP for now , so hook ECP in your direction

Coupon-mad

I have no idea why you have drafted an appeal, given it is too late to appeal, and the transfer of liability is positively buried in that email.  That also reads as though the company wants to remain liable and get all the letters.

We told you to get the manager to email a TRANSFER OF LIABILITY email, two of three lines, transferring liability to you.  Not an appeal.  

This is why our instructions were precise.  It is NOT an appeal stage so stop looking for appeal wording.

Umkomaas

Be prepared to hit an impasse if ECP respond to say that the case is now in the hands of DRP and any further communication should be with DRP (don't bother!). 

derobe

That's why I put the draft in here before I sent it to check I was doing the right thing which I thought I was given the feedback.

Coupon-mad said:

I have no idea why you have drafted an appeal, given it is too late to appeal, and the transfer of liability is positively buried in that email.  That also reads as though the company wants to remain liable and get all the letters.

We told you to get the manager to email a TRANSFER OF LIABILITY email, two of three lines, transferring liability to you.  Not an appeal.  

This is why our instructions were precise.  It is NOT an appeal stage so stop looking for appeal wording.

GUmkomaas said:

Be prepared to hit an impasse if ECP respond to say that the case is now in the hands of DRP and any further communication should be with DRP (don't bother!). 

IThis is exactly what has happened and I have had the below response. From their response doesn't seem like I can change the liability anyway as I had run out of time. Any other options or am I paying this?

Good Morning

 

Further to your email regarding Parking Charge Notice (PCN) 88883594711, please see the below schedule of events regarding this PCN.

               

29/09/2020: The PCN was issued and a letter was forwarded to the original registered keeper informing them of the PCN

07/10/2020: A change of liability request from Leaseplan

08/10/2020: The PCN was issued and a letter was forwarded to the DEROBE COMPANY LTD the new registered keeper informing them of the PCN

19/11/2020: A 'Final Notification’ letter was forwarded to the registered keeper informing them of the outstanding PCN

20/12/2020: The PCN was passed on to a third party debt collection agency ‘Debt Recovery Plus Ltd’

 

Euro Car Parks have never received a request to transfer liability to a different keeper of the vehicle, therefore the PCN remains outstanding with DEROBE COMPANY LTD

 

Due to the changes in Schedule 4 and the Protections of Freedoms Act 2012 ('the Act') on the 01.10.12 if after 28 days beginning with the day after that on which this notice is given, the parking charge notice has not been paid in full, and we have not been made aware of the name and a current address for service of the driver, we do have the right, subject to the requirements of the Act, to recover from the keeper of the vehicle at the time it was parked so much of that amount that remains unpaid.

 

The parking charge notice has been passed to a third party debt collection agency and civil action may be taken against the registered keeper (as the registered keeper has failed to provide a serviceable address for the driver) by the landowner to recover any monies which may remain outstanding.

 

You have now provided an address of the hirer however you are out of the 28 day time limit to provide a serviceable address of the driver therefore the debt for all parking charge notices will remain outstanding with yourself (the registered keeper).

 

Therefore any further correspondence regarding the parking charge notice should now be directed to Debt Recovery Plus.

 

Unfortunately, as the PCN has now been passed to DRP, Euro Car Parks are not able to assist any further.

 

Yours sincerely,

nosferatu1001

Point out yes, the keeper at the time
THe company is not the keeper, and so if they ignore the name and serviceable address of the hirer, they have lost any rights to claim from the company that they know was not the keeper. There is no "change" to schedule 4, and 28 days is just the minimum time to notify of the true hirer or keeper. 

Redx

As above , your company derive is being deemed as responsible for the PCN , despite you naming the hirer , they have misquoted POFA and are incorrect , the hirer can be divulged at any time up to a court claim being issued , 28 days is a minimum under POFA , there is no maximum

On behalf of the company derive , you reply and state this position , that you as a company have complied with POFA and named the hirer , so the company will defend on that basis in court if needs be

This is why I said come back and tell us their reply or if they issue you in person with a PCN

You could write as a hirer now , in your own name , own address naming yourself as hirer , because they have been given those details. This leaves a paper trail and can be used in court

You could send the same to drp as well , telling them to refer back to their client , and attach a copy of your transfer of liability to show drp that this has been done , otherwise they will keep sending pointless letters to derive ltd

It's now a war of attrition , who blinks first , so you have to force their hand and hook them all in your direction

derobe

Redx said:

As above , your company derive is being deemed as responsible for the PCN , despite you naming the hirer , they have misquoted POFA and are incorrect , the hirer can be divulged at any time up to a court claim being issued , 28 days is a minimum under POFA , there is no maximum

On behalf of the company derive , you reply and state this position , that you as a company have complied with POFA and named the hirer , so the company will defend on that basis in court if needs be

This is why I said come back and tell us their reply or if they issue you in person with a PCN

You could write as a hirer now , in your own name , own address naming yourself as hirer , because they have been given those details. This leaves a paper trail and can be used in court

You could send the same to drp as well , telling them to refer back to their client , and attach a copy of your transfer of liability to show drp that this has been done , otherwise they will keep sending pointless letters to derive ltd

It's now a war of attrition , who blinks first , so you have to force their hand and hook them all in your direction

I would rather not write to say that the company will defend it's position in court... I would rather pay the fine than it get to that stage. What I am trying to achieve is to get the liability moved to me and ensure that no more letters are sent to the company address. As if another is received then I am at risk of losing my job so in that case, it's worth just paying up.

To give further context of my situation I work for my boss and his wife (only the three of us), they lease a few cars through the company and got one for me I could use as a company car. They don't necessarily understand that these fines can be fought and won and will just be concerned about the company being taken to court and facing action (ccj etc). There's no use in me explaining this to them, they wouldn't listen. They are currently just annoyed that I have got a ticket and so far not paid it.

So I will send another email from my personal address to ECP as you have advised to let them know I have followed the procedures and the liability should be switched to me. There is not an email address provided for DRP so I assume I need ECP to confirm I am not liable first before I call DRP and tell them to stop sending the letters to the company and to me instead.

I will let you know what their response is.

D_P_Dance

I would rather not write to say that the company will defend it's position in court... I would rather pay the fine than it get to that stage

It is not a fine, why do you think thast it is.  Have you done no research, ignored the newbies?  It is a scam, why should it affect your job? ..

Are you aware that an MMP has linked theswe companies to organised crime?  Do you really want to fund whitenslavey, people smmuggling and the importation offake electrical goods?  

derobe

D_P_Dance said:

I would rather not write to say that the company will defend it's position in court... I would rather pay the fine than it get to that stage

It is not a fine, why do you think thast it is.  Have you done no research, ignored the newbies?  It is a scam, why should it affect your job? ..

Are you aware that an MMP has linked theswe companies to organised crime?  Do you really want to fund whitenslavey, people smmuggling and the importation offake electrical goods?  

Ok the scam then. I agree and the last thing I want to do is pay it but if you read my reply above you will understand my situation.

Here is my draft reply to ECP following their response to me, advice appreciated before I send it.

Dear Sir,

Parking Charge Notice Ref. 888888888: Vehicle Registration DG67HTY

Further to the above correspondence, I am writing to confirm that I was the day-to-day hirer/keeper of this vehicle at the time of the above contravention.

My name is Derobe and my address is Derobeland, DY8 0BE

Derobe Ltd has informed you of this and you have responded to say that the company is out of the 28-day time limit to provide a serviceable address of the driver therefore the debt for all parking charge notices will remain outstanding to the company.

This is incorrect.  28 days is a minimum under POFA, there is no maximum. 

I respectfully request that you now cease writing to Derobe Ltd and address a Notice to Hirer to me at my address so the matter can be concluded.

Regards

Derobe

D_P_Dance

 it but if you read my reply above you will understand my situation.
I did read it and I do not understand why you wish to fund criminality.