PCN to hirer question

Puna48

Coupon-mad said:

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.

I will ask this question from my manager.

The ABC Company template raised another question for me: 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. - Can I delete this section from the template, since my reason was Unauthorised Parking and they can easily support this claim, since the restaurant was closed at the given date?

Coupon-mad

Yes, delete that bit.

Puna48

So my manager will fill the slip, but they ticked the option 3, which I didn't notice before.
The option 3: To the best of my knowledge, the keeper/driver of the vehicle is the person named below.

As I understand, that's the best option as I can "appeal" as the keeper?

D_P_Dance

Perhaps you should invite your manager to read this thread.  Have you complained to your MP?

Puna48

D_P_Dance said:

Perhaps you should invite your manager to read this thread.  Have you complained to your MP?

I actually have invited them to read it, not interested. I'll wait till the PCN arrives for my attention and will go from there.

Fruitcake

Puna48 said:

So my manager will fill the slip, but they ticked the option 3, which I didn't notice before.
The option 3: To the best of my knowledge, the keeper/driver of the vehicle is the person named below.

As I understand, that's the best option as I can "appeal" as the keeper?

I suggest you cross out the word driver before it is sent off.

Puna48

Fruitcake said:

Puna48 said:

So my manager will fill the slip, but they ticked the option 3, which I didn't notice before.
The option 3: To the best of my knowledge, the keeper/driver of the vehicle is the person named below.

As I understand, that's the best option as I can "appeal" as the keeper?

I suggest you cross out the word driver before it is sent off.

I would do the same but it's too late now. It shouldn't make much difference since it's an option and none of them are picked and I should still be able to represent myself as a keeper. I'll keep you posted.
The photo of the slip was taken before sending it off and none of the options were crossed out.

Fruitcake

When you get a notice in your name, irrespective of what it is called, I suggest you appeal as hirer/lessee, who is the day to day keeper as defined by the PoFA.

Whilst your gaffer should have used Option 1, it is not a legal requirement to do so, nor can any assumptions be made about the identity of the person named. The options on the form are keeper/driver, and you are the (day to day) keeper, so you clarify that when you appeal.

Make sure you do not reveal the driver's identity. No mention of, I parked, I drove, I saw the signs.
Only ever refer to yourself as the Hirer/Day to Day Keeper, and when you talk about the alleged event, you refer to The Driver.

You should get pics of the site and signage in readiness for the next stages.

Redx

Puna48 said:

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...

You are most definitely BOT the registered keeper because as you say , your details are not registered on the V5C or with the DVLA either

You are a keeper and sub hirer , for want of a better understanding , so when the PCN as an NTH arrives in your name to your address , you appeal it using an Edna basher example , S keeper or hirer , whatever , makes no difference as long as you do not blab about who was driving , even if it's obvious !! Silence is golden

No hirer documents will come with the NTH , so Gemini will have failed to comply with POFA , it is extremely rare that any parking company complies with POFA

So await your NTH PCN now

Puna48

Tahnk you all, will wait and do as suggested. Will post my appeal before sending it off.