Named as driver

Fruitcake

If you have permission to use the car, then you are the hirer/lessee, even if the permission is verbal and not written. The relevant edna basher letter is still, well, relevant.

It matters not whether the registered keeper incorrectly nominated the hirer/lessee as driver. As I said in my previous post, "irrespective of how it is addressed, appeal as hirer/lessee using the relevant edna basher letters you will find in the sticky Announcement for NEWBIES. 
If you were not the driver, then say so, otherwise say nothing."

As for your comment, "Yes I have received a PCN from PCM with my name and the address where I currently reside. However, this is not my DVLA registered address ..."

The part in bold is the only thing that is relevant.

LDast

The OP is the day to day keeper. There can be more than one “keeper”.  The OPs company has no idea who was driving. Anyone can drive any car as long as they have third party insurance. My car insurance policy allows me to drive any car with the owners permission.

We need to see the PCN issued to the OP. It must either be a new NtK or a plain vanilla PCN addressed to the alleged “driver” and must not reference anything to do with keeper liability. It must not reference PoFA. There is no such thing as an NtD unless it is affixed to the vehicle whilst it is stationary.

If the PPC receives a transfer of liability form that names driver, the PPC must acknowledge the transfer to the keeper and allow a reasonable period for any challenge to the nomination, usually 14 days. The PPC also has to issue a PCN to the driver which gives the usual appeal period and discounted charge.

Let’s see the PCN and then we can argue about who is liable and what can be done about it.

PCNonymous

Thanks LDast. Here is the PCN

Coupon-mad

What a strange document. "We have reason to believe you were driving".

Odd notice but you can certainly respond as lessee/hirer, NOT saying who was driving. Not that an appeal to PCM or the IAS wins because it's a self-serving farce, but it's all a game and important to hook it firmly in your direction.

Fruitcake

It says, driver/hirer, and, driving and/or responsible for the vehicle.

This gives you the option to appeal as hirer, and/or day to day keeper. I presume the documents referred to in paras 13 and 14 of the PoFA 2012 were not included with the NTH. This means it is not PoFA compliant and therefore incapable of holding the hirer liable.

Again I suggest that "irrespective of how it is addressed, appeal as hirer/lessee using the relevant edna basher letters you will find in the sticky Announcement for NEWBIES. 
If you were not the driver, then say so, otherwise say nothing."

Show us your appeal before you submit it.

PCNonymous

Looking at the templates, I was going to just use this one verbatim. Do you agree?:

Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Parking Control Management (UK) Ltd (“PCM”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why Highview’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that Highview has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.


Yours faithfully,


Thanks.

KeithP

PCNonymous said:

Looking at the templates, I was going to just use this one verbatim. Do you agree?:

Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Parking Control Management (UK) Ltd (“PCM”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why Highview’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that Highview has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.


Yours faithfully,


Thanks.

Yes, you could use that, but not verbatim.

Highview, POPLA and British Parking Association Ltd all need changing.

PCNonymous

KeithP said:

Highview, POPLA and British Parking Association Ltd all need changing.

OK, thanks. So, this then?:

Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Parking Control Management (UK) Ltd (“PCM”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why PCM's Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that PCM has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (IAS), their contact details and a unique IAS appeal reference so that I may escalate the matter to IAS.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the International Parking Community (IPC) Code of Practice.


Yours faithfully,

PCNonymous

Just to update you on this one... I sent the letter from my last post and never heard back from them, so case closed! Thanks to all who helped

KeithP

PCNonymous said:

Just to update you on this one... I sent the letter from my last post and never heard back from them, so case closed! Thanks to all who helped

A bit early to be saying 'case closed', I think.

They have up to six years to file a court claim against you, so probably not a good idea to throw everything away just yet.