Company car PCN from EuroCar Parks due to overstay by 6 minutes

Skraivok

Hi  all,

I am currently dealing with an ongoing PCN from VCS regarding parking in a visitor bay at a block of apartments (thanks to CM, Fruitcake, Keith P and Ukomass for their advice). Today the lease company have notified my of a new PCN, this time from Euro Car Parks. Apparently the vehicle in question parked at 19:55 and left at 22:01. There are 2 companies that use the car park - neither of which is open after 8 pm. I have until 11/03/2022 to pay the reduced amount of £60. 

The lease company have received the PCN and have asked if I will deal with it. My initial response will be to complain to the landowner and then if that fails appeal using Edna Basher's templates. Just to clarify I will ask the lease company to not pay. 

Fruitcake

You should instruct (not ask) the lease company not to pay the PCN, and to name you as hirer/lessee using the tear off slip on the bottom of the NTK. Point out that this will immediately absolve them of all liability. If they are members of the BVRLA, they should already know this and be following their trade associations instructions not to pay but to pass on hirer details to the PPC.

Once you have a NTH in your own name you can then easily deal with it.

I am surprised that despite dealing with another PCN, you have told the whole world about who was driving on this occasion. I suggest you edit your post above accordingly.

Skraivok

Fruitcake said:

You should instruct (not ask) the lease company not to pay the PCN, and to name you as hirer/lessee using the tear off slip on the bottom of the NTK. Point out that this will immediately absolve them of all liability. If they are members of the BVRLA, they should already know this and be following their trade associations instructions not to pay but to pass on hirer details to the PPC.

Once you have a NTH in your own name you can then easily deal with it.

I am surprised that despite dealing with another PCN, you have told the whole world about who was driving on this occasion. I suggest you edit your post above accordingly.

Thanks fruitcake, I'm dealing with other issues at the moment and am just not thinking straight - post now amended. Just to make aware the offence occurred on 9th February, the ‘Notice to Hirer’ was dated 25th February. I was contacted on the 2nd march by the Hire company. 

As there was no windscreen PCN and I am correct I thinking that this exceeds the 14 days beginning with the day after that on which the specified period of parking ended as per  POFA 2021?

 

Coupon-mad

Nope, because that NTK wasn't addressed to you and it's the one you get that counts (then para 13 and 14 of the POFA come into play).

And you will only get that NTH if the company use the tear off slip to transfer liability to you.

Jenni_D

Please be specific ... was it a Notice To Hirer or a Notice To Keeper? (The NTH would only follow after there had been a NTK).

Are you the direct contract holder with the lease/hire company or is it your employer?

Skraivok

Jenni_D said:

Please be specific ... was it a Notice To Hirer or a Notice To Keeper? (The NTH would only follow after there had been a NTK).

Are you the direct contract holder with the lease/hire company or is it your employer?

Hi Jenni, the PCN sent to the Hire company was titled Notice to Hirer. My employer is the direct contract holder with the lease/hirer company.

Jenni_D

Then something doesn't add up ... a parking company (PPC) would (or should) not send a NTH (Hirer) as the first notification - if a windscreen ticket wasn't left then it should have been a NTK (Keeper), as the keeper details retrieved from DVLA would be that of the hire company. At that point the keeper (hire company) should notify the PPC of the hirer details, and then the PPC should send the recorded hirer* with their own NTH.

Are you sure that the hire company haven't just sent you their NTK and asked you to deal with it? (Rather than them dealing with it and providing the hirer details). Can you show us a (redacted) copy of the notice please?

* It may well be that you (personally) are listed on the hire contract as the hirer even though (contractually) your company are paying the hire agreement.

Coupon-mad

So the first NTK would have gone to the lease firm, who named your employer as hirers.  They then got sent a NTH but with no attachments (am I right?).

See para 13/14 of the POFA Schedule 4.  Company can't be held liable so company appeals saying so.

See the appeal by EdnaBasher written from 'ABC Company' (linked in the NEWBIES thread first post).  It's not about any 14 day period, it's about para 13/14 omissions.

Skraivok

Jenni_D said:

Then something doesn't add up ... a parking company (PPC) would (or should) not send a NTH (Hirer) as the first notification - if a windscreen ticket wasn't left then it should have been a NTK (Keeper), as the keeper details retrieved from DVLA would be that of the hire company. At that point the keeper (hire company) should notify the PPC of the hirer details, and then the PPC should send the recorded hirer* with their own NTH.

Are you sure that the hire company haven't just sent you their NTK and asked you to deal with it? (Rather than them dealing with it and providing the hirer details). Can you show us a (redacted) copy of the notice please?

* It may well be that you (personally) are listed on the hire contract as the hirer even though (contractually) your company are paying the hire agreement.

Hi Jenni,

Redacted document is available below. This is the first notification received by my company (they said).

https://filedropper.com/d/s/vWD3CJSFDAxzdBjaiNkS5MosRc74ii

Skraivok

Coupon-mad said:

So the first NTK would have gone to the lease firm, who named your employer as hirers.  They then got sent a NTH but with no attachments (am I right?).

See para 13/14 of the POFA Schedule 4.  Company can't be held liable so company appeals saying so.

See the appeal by EdnaBasher written from 'ABC Company' (linked in the NEWBIES thread first post).  It's not about any 14 day period, it's about para 13/14 omissions.

The notice to hirer that was received (link above in my response to Jenni) was addressed to: "My company / Co car leasing company" followed by the address of the car leasing company. As far as I am aware this is the very first notification that has been received by the lease company. They lease company have automatically responded to say I am the Hirer /Lesee

D_P_Dance

With a six minute overstay a claim is likely to annoy a judge if they are daft enough to try, read this.and complain to your MP.  

https://legal-dictionary.thefreedictionary.com/De+Minimis