Britannia Parking Initial Appeal Rejected

thelegendofyrag

There hasn't been any communication with my company and Britannia. Only The lease company and Britannia as mentioned previously.

Within my initial appeal I didn't disclose myself as the driver either only Keeper.

Fruitcake

The hirer is the entity whose name appears on the hire/lease agreement.

LDast

thelegendofyrag said:

There hasn't been any communication with my company and Britannia. Only The lease company and Britannia as mentioned previously.

Within my initial appeal I didn't disclose myself as the driver either only Keeper.

Yes, but the lease company have transferred the liability to your company who are the people who signed the lease agreement with them. Now that the NtH is in the name of the Hirer (your company), they would still not be liable as the NtH probably didn't include copies of all the necessary documents as required under PoFA to hold them liable in lieu of the drivers identity being unknown. If your company has not communicated to Britannia that you were the driver, even though they were under no legal obligation to do so, they have thrown you under the bus, so to speak.

thelegendofyrag

LDast said:

thelegendofyrag said:

There hasn't been any communication with my company and Britannia. Only The lease company and Britannia as mentioned previously.

Within my initial appeal I didn't disclose myself as the driver either only Keeper.

Yes, but the lease company have transferred the liability to your company who are the people who signed the lease agreement with them. Now that the NtH is in the name of the Hirer (your company), they would still not be liable as the NtH probably didn't include copies of all the necessary documents as required under PoFA to hold them liable in lieu of the drivers identity being unknown. If your company has not communicated to Britannia that you were the driver, even though they were under no legal obligation to do so, they have thrown you under the bus, so to speak.

Sorry, I think im confused a little as I thought the purpose was not to identify the driver? So by my company not communicating me as the Driver im not understanding how they've thrown me under the bus. Isn't the company not being liable due to documents not being included is a good thing? They've simply passed the documents onto me to pay the fine/appeal which I have appealed as Keeper not Driver.

I have had other PCN's though the same method and have successfully appealed, however in this instance as has been mentioned i missed the POPLA stage (had other things take priority recently).

Apologies for any misunderstanding, trying to get my head around this now as I haven't come this far through the process before.

LDast

The NtH is addressed to your company, the Hirer. Whether the NtH was PoFA compliant or not your company have named you as the driver. The driver is always liable, irrespective of PoFA. If you deny being the driver, then that's a different matter and I doubt your company can prove you were the driver at the time.

If you deny being the driver, then Britannia can go back to the Hirer and threaten them as much as they like. But if they have not complied with the requirements of PoFA, that is all they can do. The Hirer cannot be liable without the NtH being PoFA compliant.

thelegendofyrag

The company hadn't named me as the driver or sent any correspondence to Britannia parking directly. They sent me the NTH which had the company head-office address on it and I sent initial appeal as Kepper not Driver.

In this case what is my next step as they have not complied with the requirements of PoFA?

Gr1pr

The next step was Popla, but the Popla code date was 10th April so has expired, so too late for any popla appeal 

The next stage is debt collectors letters 

Followed by an LoC

Possibly followed by a court claim pack from the CNBC in Northampton using MCOL 

POFA doesn't protect the driver and they don't have to comply with it , they are pursuing you on the reasonable assumption that because you appealed, you were the driver 

Coupon-mad

Would have been easy to beat at POPLA.

Now you must beat them in court. Tell Britannia if you move house for the next 6 years.

thelegendofyrag

Right ok, so now I ignore the most recent final notice and wait for any court documentation? 

Gr1pr

No , an LoC , followed by a court claim