Excel PCN NTH 100 days old (67 working days)

Coupon-mad

Which is why I said or "choose any old one"!

VF_1

Had this email response from the PPC:

We refer to correspondence received from you concerning the above numbered Charge Notice.

You state that our Notice is not compliant with the Protection Of Freedoms Act (POFA) 2012 on the Notice issued to
you; however we have not cited POFA 2012 nor stated that you are liable for the Charge as the vehicle keeper.

As the vehicle was on hire, your details were obtained through the hire and lease company. We must note that parking operators can legitimately request keeper details for the purpose of pursuing a parking contravention provided that this request is made less than 6 months from the date of the offence, we can confirm we have adhered to this timescale in these circumstances.

The following options are now available to you at the portal www.myparkingcharge.co.uk; you will need the serial number of the Notice issued and the registration number of your vehicle to log in to the portal:

1. If you were not the driver on the date in question and wish to transfer liability for the Notice to another person, you may change the liable party details by visiting the above portal address and selecting the “Enter Liable Party Details” button on or before the 02/08/2023.
2. Submit a full appeal to us by visiting the above portal address and selecting the “Appeal the PCN” button. Please remember to include all information relevant to your appeal including any relevant documentation and photographs on or before the 02/08/2023.
3. Pay the Charge. Payments can be made online by visiting the above portal address and following the links for "Pay Now", or over the phone by calling ... and using a valid Credit or Debit Card to make payment. It is your responsibility to ensure that payment is received within our office by the date specified.

As a gesture of goodwill we are willing to re-offer you the original discounted charge of £60 as full and final settlement of this Notice, if payment is received within our office on or before the 02/08/2023.

If payment is not received by this date, the amount payable will revert to £100, payable by 16/08/2023. Failure to pay this charge within the stated times, may result in Debt Recovery action been taken and further costs up to an additional £70.00 been incurred.

So shall i send over the driver details and wait for the NTD PCN, and repeat same arguments at that stage?

KeithP

That spoiler thingy doesn't work for me. Don't know why.

I've not re-read your thread, but why are you considering handing over the driver's details?
You opening post says that you have read POFA. I'm puzzled.

VF_1

removed the spoiler

Fruitcake

Unless you hate the driver, why on earth would you want to throw them under the tram by giving their personal data to the PPC?

Appeal as hirer/lessee and point out that since the NTH is non-PoFA compliant, only the driver can be held liable. 

Since they very helpfully told you, "You state that our Notice is not compliant with the Protection Of Freedoms Act (POFA) 2012 on the Notice issued to you; however we have not cited POFA 2012 nor stated that you are liable for the Charge as the vehicle keeper," tell them to take this up only with the driver, who will not be named by you, or cancel the charge to save themselves money.

VF_1

I am the driver, please see OP.

My concern is that they mention they can chase a PCN for 6 months, is this correct?  As this invalidates one of the arguments regarding the POFA periods.

KeithP

VF_1 said:

My concern is that they mention they can chase a PCN for 6 months, is this correct?

That is not what they are saying.
They state that they have up to six months following the parking event to request keeper details from the DVLA and that is true. Their trade association allows them another month to get a Notice to Keeper to the keeper.

VF_1 said:

As this invalidates one of the arguments regarding the POFA periods.

Yes you are right. POFA is an irrelevance. They are outside the time limit for transferring any driver liability to the keeper. Which is why @Fruitcake suggested you write to them as the keeper telling them to chase the driver who you will not be naming.

Fruitcake

They can chase a PCN forever. They can issue a court claim for up to six years.

It is a terrible idea to tell the PPC who was driving when a non-PoFA NTK/NTH has been issued, especially when the keeper is a company.

It is not a good idea to tell the world who was driving on an open forum either. Only ever refer to The Driver and the Keeper, or in this case, the Hirer.

B789

@VF_1, you don't appear to understand the concept that the "driver" and the "keeper" are two separate entities in law. Just because they know you are the "keeper", they cannot assume that you are also the "driver".

They have already told you that they contacted you because you are the "keeper" but they cannot do anything about that unless you inform them who was driving. They have no idea who was driving and hope you will be a gullible fool and tell them so they then have a case.

Are you a gullible fool? Are going to throw yourself under the bus and become liable for the speculative invoice that the ex-clamper thugs have issued to you for an alleged breach of their contract? Are you going to fall for their scam and end up funding it?

I hope not. You are in the enviable position where you can simply tell the scammers to go swivel on a sharp stick and chase the driver, who you are not obliged to name under any circumstances in civil law.

VF_1

so all the arguments about periods of time for POFA are invalid, as they can chase for 6months?

i asked this question right at the beginning and and didn't get an answer, came here for assistance, but seem to be getting contradictory info and now being called a fool, so helpful