Excel PCN NTH 100 days old (67 working days)

Coupon-mad

You are not a fool but you just do this as the company:

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.

If the company/you already did that, just reply to their email and tell them to hurry up and send the POPLA Code because the company wishes to appeal against liability and will not be naming the driver at this stage.

Fruitcake

Coupon-mad said:

You are not a fool but you just do this as the company:

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.

If the company/you already did that, just reply to their email and tell them to hurry up and send the POPLA Code because the company wishes to appeal against liability and will not be naming the driver at this stage.

It's Excel, so no PoPLA available.

Fruitcake

VF_1 said:

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

They can chase forever, but that's irrelevant.
Forget the six months. It's irrelevant.

They don't have to use the PoFA requirements if they don't want to, but they can't hold the keeper/hirer liable unless they do.

They are trying to bamboozle and trick you, and it appears to be working.

Ignore what they have said and appeal as already advised pointing out that the company (the keeper) cannot be held liable because they haven't complied with the PoFA 2012.

B789

VF_1 said:

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

You have not been called a fool. You have been asked whether you are going to be one by naming the driver when they have no idea who that may be. Without knowing the name of the driver, who is liable, they cannot take this much further except to bamboozle you into overthinking this and scare you into capitulating and paying into their scam.

VF_1

Fruitcake said:

Ignore what they have said and appeal as already advised pointing out that the company (the keeper) cannot be held liable because they haven't complied with the PoFA 2012.

So their instructions for sending a full appeal don't make sense, on their website is just goes to the same link i used to send the initial appeal, so they want me just to repeat it?  Its confusing as it mentions a postal address but also says click the Appeal the PCN button.

Do they mean to take this to the Appeals body instead?

Coupon-mad

Just repeat it as the company if the appeals portal is still open for the case, and state that this is being re-sent in response to their letter, the driver will not be named and maybe they should read the PoFA 2012 Sch4 paras 13 and 14 before sending out non-compliant notices to hirer companies with no enclosures.

Fruitcake said:

Coupon-mad said:

If the company/you already did that, just reply to their email and tell them to hurry up and send the POPLA Code because the company wishes to appeal against liability and will not be naming the driver at this stage.

It's Excel, so no PoPLA available.

My bad!