Company Car - Need to Accept being driver to aleviate employer?

1505grandad

"Permier Parking rejected the appeal so will appeal to BPA with the following:"

Please make sure you quote the correct name of the ppc in any future documents as already clarified.

Premier Park Ltd

B789

Also, you are not appealing to the BPA. You are appealing to POPLA.

Coupon-mad

And you have missed the usual POPLA points linked in post 3 of the NEWBIES thread.

Le_Kirk

Jambo27 said:

We are the hirer/leaser of the vehicle and appeal on the following grounds.

1). The operator has not complied with Schedule the Protection of Freedoms Act 2012 ('PoFA').

Is there something missing here?  You state "We are" the hirer; is the PCN in two names or did you mean "I am"?

Jenni_D

Was the PCN sent to a named company rather than a named person?

Jambo27

Hello there,

I am looking for peoples thoughts, opinions & experiences.

My employer has passed me a "Notice to Hirer" from Euro Car Parks and have asked me to sort it.

The car is Leased.
Euro Car Parks are a member of the BPA.

They have Not complied with PoFA 14(2) & I have won a POPLA appeal before by using PoFA Paragraph 14(2) where I appealed form my work email on behalf of the company, so I know how to appeal successfully.

This new ticket is the same situation but I was wondering if it's worth telling the Parking Operator that I am the assignee of the car (not telling them I was the driver at the time. All field based eployees are insured to drive it), on the chance that if there is a situation where the POPLA agent does Not, for whatever reason grant me the appeal.

If I do not win the POPLA appeal then the Parking Oerator will then deal with me at my home address rather than bothering my employer with collection notices.

It would be easier for me to deal with going forwards.

Thanks for your time in advance.

LDast

Is the vehicle leased by your company or is it owned by them? If it is leased, has the company received the Notice to Hirer (NtH) and passed it on to you to deal with in their name or has the original Notice to Keeper (NtK) been passed on to you?

Jambo27

LDast said:

Is the vehicle leased by your company or is it owned by them? If it is leased, has the company received the Notice to Hirer (NtH) and passed it on to you to deal with in their name or has the original Notice to Keeper (NtK) been passed on to you?

Yes a Notice to Hirer because the car is leased, sent to my employer under the company name.

They have passed onto me because the car is assigned to me permenantly.

LDast

If the NtH is in the name of the company and you are authorised to respond, then you should appeal in the name of the company but provide an email address that you have access to.

Assuming that the NtH that was sent failed to fully comply with all the requirements of PoFA (as in 99.9% of all NtHs), you should appeal with the following:

This is an appeal by the Hirer, [company name]. Your NtH has failed to fully comply with the all the requirements of PoFA, paragraph 14(2)(a) and as [company name] cannot have been the driver, ECP cannot hold the Hirer liable for the charge.

There is no legal obligation to identify the driver and we decline to do so. As no assumption or inference can be made as to who the driver was, you are therefore advised to either cancel the PCN and save yourselves some money or send a POPLA code where you will auto withdraw.

Jambo27

LDast said:

If the NtH is in the name of the company and you are authorised to respond, then you should appeal in the name of the company but provide an email address that you have access to.

Assuming that the NtH that was sent failed to fully comply with all the requirements of PoFA (as in 99.9% of all NtHs), you should appeal with the following:

This is an appeal by the Hirer, [company name]. Your NtH has failed to fully comply with the all the requirements of PoFA, paragraph 14(2)(a) and as [company name] cannot have been the driver, ECP cannot hold the Hirer liable for the charge.

There is no legal obligation to identify the driver and we decline to do so. As no assumption or inference can be made as to who the driver was, you are therefore advised to either cancel the PCN and save yourselves some money or send a POPLA code where you will auto withdraw.

Yes, I have all this details from a pervious win with a Lease car PCN using failure to comply with PoFA 14(2).

My concern is if the POPLA agent for whatever reason decided to still decline the appeal, the Parking Operator will then go back to my employer and demand payment, which will cause issies for me.

If they have my home address I can get rid of them ro if they do goto a court claim I can deal with it OK.