Parking Ticket - Notice to Keeper

Coupon-mad

Yes you could. Then to POPLA, pointing out that a limited company cannot have been 'the driver' and the NTK is non-POFA.

Either approach wins.

Use your email address as the contact.

DO NOT TICK YES to the question 'are you appealing on behalf of another party?'  Nope, the company is the appellant not you.

Darknight2

Okay will thanks for the help.

As part of the appeal process on the PCC (Secure parking solutions) website, they are asking for details of the appellant First name, Last name and address, email and phone number. How do I fill this part in? Do I use my personal details but put the company's address?

Darknight2

Here is my draft appeal that I plan to send to the company. Am I missing any other POFA violations?

"RE: PCN No. xxxxxxxxx

 

I would like you to know I (as the registered keeper of the vehicle) am not ignoring your letter suggesting my liability for a charge related to a parking infraction that you state took place on 18th of August 2024 at 1 Metropolitan House, Birmingham

 

I wish to outline my current position in reference to your NTK which is NON-POFA compliant.

 

the PCN failed to comply with the strict requirements of Schedule 4 of POFA and consequently Secure Parking Solutions Ltd has forfeited any right to claim unpaid parking charges from [ABC] as the vehicle's hirer and keeper.

 

Keepers Liability and POFA 2012

As stated in paragraph 8 (4) of POFA 2012....

 

(4)The notice must be given by—

 

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

 

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

 

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

 

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

 

The notice was received by the keeper on the 16th of September, i.e. on the 29th day after the incident has occurred

 

AND the NTK failed to comply with Paragraph 9(2f) of POFA 2012...

 

warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

 

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

 

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

 

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

 

In Summary...

- I wish to confirm to you I was NOT the driver of the vehicle.

- I am not obliged to disclose the identity of the driver and this does not affect my liability in this matter .

- Secure Parking Solutions Ltd has not complied with paragraphs 8(4) and 9(2f) of POFA 2012

- You will need to pursue this claim with the driver once you identify them."

 

Within 28 days please provide us with written confirmation of Secure Parking Solutions acceptance that it cannot and does not hold [ABC] liable for this parking charge and that this is now purely a matter between Secure Parking Solutions and the driver.

 

Thank you for your cooperation and we look forward to receiving this confirmation.

LDast

You say the vehicle is owned by the company. You keep referring to a "hirer... why? You were advised to get the company to transfer liability to you as the Hirer but you have chosen not to do that and instead appeal as the Keeper in the company's name.

Stop referring to "non-PoFA compliance". The operator has simply chosen not to rely on PoFA and therefore cannot hold the Keeper liable. They have not said in the NtK that they will hold the Keeper liable, only that they don't know the drivers details and that you should pass those on to them .

Your response should simply be that, as the Keeper, whether an individual or a company, you decline to provide the drivers details to an unregulated private company, as is your legal right. They should take the matter up with the driver. Catch-22 for them and they are either too intellectually malnourished to realise that they have nowhere to go with this or they carry on trying to pressure the Keeper to pay.

Your mistake was to not get the company to transfer liability to you as the Hirer as now all the debt collector letters are going to go addressed to the company and they are probably going to end up paying it and charging you unless you can educate them about the vagaries of PCNs and that they should simply redirect everything to do with this PCN to you.

Darknight2

Coupon-mad said:

Yes you could. Then to POPLA, pointing out that a limited company cannot have been 'the driver' and the NTK is non-POFA.

Either approach wins.

Use your email address as the contact.

DO NOT TICK YES to the question 'are you appealing on behalf of another party?'  Nope, the company is the appellant not you.

Sorry bit confused now as Coupon-mad advised the NTK is non-POFA?

I'll try and see how I can get the company to name me as the Hirer, not sure how this is done? Can I lodge an appeal on their website as the keeper asking them to transfer liability to the hirer (My name and address). Would I need to prove that I am the hirer? 

LDast

The NtK is non-PoFA because they are not relying on PoFA in the first place.

Consider that if you are responding in the name of the company and have been authorised to do so, it's generally best to keep the complaint in the company's name to avoid any confusion about who is liable. However, it's also important to provide your own contact details as the person handling the matter on behalf of the company, so the PPC knows who to communicate with directly.

A good approach would be to sign the complaint in the company’s name but add a line such as:

"For and on behalf of [Company Name]
[Your Name], [Your Position]"

This maintains the company’s position as the party involved but clarifies that you are the authorised representative managing the communication.

Darknight2

Okay regarding the transfer of liability to me as the Hirer, can I write this:

Re PCN number: xxxxxx

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. 

I request all future correspondence to be sent to the vehicle's Hirer at the address below:

Street: xxxxx

Town: xxxxxx

Postcode: xxxxxx

Thank you for your cooperation 

Yours Faithfully,

 For and on behalf of xxxx Ltd

Mr XYZ

Coupon-mad

No because that doesn't give your name!  That's not going to be any good. Either do one thing or the other but do it properly.

Either appeal as the company (not you) and let it go on to POPLA stage in the company name or appeal and transfer liability which obviously needs the company to name you.

Darknight2

So I've successfully managed to get the company to name me as the hirer and transferred the case to me. I have received the NTH in my residential address so hopefully all future correspondence will also be sent to me. They have changed the wording on this one slightly and referred to schedule 4. Not sure if anything changes?

I will use the Edna basher appeal as advised and hopefully get this resolved.

Fruitcake

Please confirm that nothing else accompanied the NTH. If this is the case, then the NTH does not comply with paras 13 and 14 of the PoFA 2012, Sch 4, therefore the hirer cannot be held liable. Do check the PoFA, paying particular attention to the timescales to which the PPC must adhere. 
You need to ensure the PPC doesn't have the time to provide the necessary documents detailed in those paras above, so don't appeal too soon.