PCN to hirer question

Puna48

Hello,
I've just received a PCN To Hirer and would like to challenge it but I have some concerns.
I went through Newbies thread and Edna Basher's topics but I'm still a bit unsure.

So the Notice went to my Company's attention but not for mine. I spoke to my manager and she said I can challenge it myself if I want to. I'm just concerned if I can just reply them like Edna did even if I'm just a driver not a manager or director?

The other thing is the event took place on 21/04 and the issue date is 17/05. Does that make any difference?

Thank you in advance.

Fruitcake

What is the name of the PPC please?

The Hirer can deal with this as long as the keeper has correctly transferred liability to them. If you have received a NTH from the scammers, then you are good to go using the relevant edna basher letter.
If you have not received a NTH from the scammers then it is not your problem to deal with. Your employer should know how to do this because it has been the law since 2012. 

If the NTK was not PoFA compliant because it arrived too late for the keeper to be liable, they can deal with it themselves if they want because they cannot be held liable.

Alternatively they can use the tear off slip on the NTK (if they haven't already done this) to transfer liability to the hirer, who can then deal with this themselves.

The Driver is NOT involved and must sit on their hands in the corner and keep silent!

Puna48

The letter was addressed to my Company but not to me. My manager knows it was me who was driving the vehicle but is not interested to challenge it, which means I will end up paying it. What should I do in this case? Should I tell my employer to forward my details as a keeper and go from there?

EDIT: Sorry, posted too soon.
The company is called Gemini Parking Solutions.

KeithP

Suggest you do as @Fruitcake said...

Fruitcake said:

Alternatively they can use the tear off slip on the NTK (if they haven't already done this) to transfer liability to the hirer, who can then deal with this themselves.

Fruitcake

If the company you work for is the registered keeper, then they can be held liable. It matters not whether yoiur manager is interested in doing anything about it. It's the keeper's responsibility to sort it out.

If they don't want to pay, or be taken to court, they should fill in the transfer of liability tear off strip, naming you as the hirer, and send it to Gemini.

Your manager does not know who was driving unless they were in the car park at the time of the alleged event. All they know is the identity of the hirer, the day to day keeper, and that is all they can say on the transfer slip. If they name the driver when they were not present, they are lying and could be held in contempt of court should should it go that far.

Once you have the NTH, you can deal with it using the edna basher letter. You cannot do anything about it, and cannot be held liable, until your company transfers liability. Like I said, it's a law that has been around since 2012.

Puna48

KeithP said:

Suggest you do as @Fruitcake said...

Fruitcake said:

Alternatively they can use the tear off slip on the NTK (if they haven't already done this) to transfer liability to the hirer, who can then deal with this themselves.

That's the issue. No one, except me, wants to take any action.
I can try to ask my manager to transfer the liability to me maybe? There are 2 options on the slip: 1. I was the keeper of the vehicle stated, but the vehicle was leased / hired to the person named below; or 2. I was the keeper of the vehicle stated, but the vehicle was in the possession of the person named below.
Or am I just looking into paying the invoice because they are not interested in taking action?

Fruitcake

Option 1.

Fill it in yourself if your manager refuses to comply with the law.

Alternatively tell them they are liable so they can pay it if they can't be bothered to spend two minutes filling in the transfer slip. 

Parking scammers seem to be incapable of complying with the requirements of the PoFAS where hire cars are concerned. They never supply the documents required by paras 13 and 14 of the PoFA, therefore are incapable of holding the hirer liable.

Puna48

Fruitcake said:

Option 1.

Fill it in yourself if your manager refuses to comply with the law.

Alternatively tell them they are liable so they can pay it if they can't be bothered to spend two minutes filling in the transfer slip. 

Parking scammers seem to be incapable of complying with the requirements of the PoFAS where hire cars are concerned. They never supply the documents required by paras 13 and 14 of the PoFA, therefore are incapable of holding the hirer liable.

I didn't see your answer before I posted again, sorry. And also thank you for all the advice.
If I choose Option 1, then can they not ask for any documents that proves that I'm the lessee or hirer?

After the liability is transferred to me, I can use the template from https://forums.moneysavingexpert.com/discussion/5703794/civil-enforcement-and-a-lease-car-cancelled-the-pcn, am I right?

Coupon-mad

Your posts make it sound like you haven't yet read NEWBIES PLEASE READ THESE FAQS FIRST because company/leased cars are covered there.

Puna48

Coupon-mad said:

Your posts make it sound like you haven't yet read NEWBIES PLEASE READ THESE FAQS FIRST because company/leased cars are covered there.

I have read it and still reading it over and over again but I'm still a bit lost. Now I'm reading POFA paragraph 9, to get more answers.

My main concerns are that I'm not the hirer or registered keeper but and employee of the hirer, if that makes sense. This all is just a bit over my head at the moment.

The other thing is, there was no parking charge to be paid, but it was a land for restaurant visitors only (which was closed at the time due to lockdown).

I really don't know what to do exactly and hence so many questions, just to get it right... 

EDIT: Right, I did some more digging and it looks like I actually am a "registered keeper", since I'm responsible of lots of costs of driving (like parking charges). I will ask my employer to transfer the liability and will go from there.

EDIT 2: Now I'm not sure again, since my name is not in V5 documentation...

Coupon-mad

Will the hirer let you do the appeal in their name, using the Edna Basher ABC company template appeal?  That would be what I'd do, in the company name.