Scotland - Owner, but not registered keeper - CPS 'Parking Charge to Hirer'

Balralf

Hi,
I am the legal owner, but not the registered keeper of my vehicle. My employer, who is registered keeper, has advised Complete Parking Services that I was the driver. I received the Parking Charge To Hirer From Complete Parking Services (CPSUK) LTD (The Creditor) around a week ago.

I don't remember any signs, but I'm unable to go back and check. 

I'm a bit confused as to what to do. My employer received the Charge, and then advised that I was the driver. Whilst I'm the legal owner I'm not the registered keeper. I don't want to just pay it, and I'm sure my employer won't pay it now they've passed it onto me but also don't wish to just ignore. I'm also in Scotland (both resident and where the parking took place) so understand the laws are different. 

I've read the stickies, but none seem to apply to my case. Can you advise what I'm best doing here? Sorry if I've missed something.

Gr1pr

Check the bottom of the first post in the newbies sticky thread 

Forget ownership,  you are not the Registered Keeper,  so are effectively the hirer or lessee 

The RK is the company and they have actually named you as the hirer,  not the driver   ( they cannot name you as the driver because they weren't there, didn't see who was driving and are not a witness to the incident either  , so an impossibility )

So you are the named hirer,  so use a Edna Basher hirer template to appeal it   ( possibly ignore it after the initial appeal has been made as hirer )

The laws are different in Scotland , but the Edna Basher advice at the bottom of the first post appears to be what you missed

Coupon-mad

Yes you just engage once. That pulls the PCN firmly in your direction once and for all.

Do not try POPLA as they insist on being told who was driving, in Scottish cases.

Balralf

Thanks,
They have replied saying that they reject the appeal because:

A valid session is required to park, and they can't find a paid session. 
The notice wasn't issued under the conditions of POFA therefore they aren't asserting liability under POFA but operating under the assumption that the keeper was the driver at the time the charge was issued. They are therefore keeping the registered keeper, my company, liable for this charge.

Interestingly, there are no pay by machines and only mobile phones can be used for payment.  

Any help on this one? If they are holding my company liable, then they'll just pay the higher amount and recharge me. Which, I don't want!

Coupon-mad

Balralf said:

Hi,
I am the legal owner, but not the registered keeper of my vehicle. My employer, who is registered keeper, has advised Complete Parking Services that I was the driver. I received the Parking Charge To Hirer From Complete Parking Services (CPSUK) LTD (The Creditor) around a week ago.

I don't remember any signs, but I'm unable to go back and check. 

I'm a bit confused as to what to do. My employer received the Charge, and then advised that I was the driver. Whilst I'm the legal owner I'm not the registered keeper. I don't want to just pay it, and I'm sure my employer won't pay it now they've passed it onto me but also don't wish to just ignore. I'm also in Scotland (both resident and where the parking took place) so understand the laws are different. 

Balralf said:

Thanks,
They have replied saying that they reject the appeal because:

A valid session is required to park, and they can't find a paid session. 
The notice wasn't issued under the conditions of POFA therefore they aren't asserting liability under POFA but operating under the assumption that the keeper was the driver at the time the charge was issued. They are therefore keeping the registered keeper, my company, liable for this charge.

Interestingly, there are no pay by machines and only mobile phones can be used for payment.  

Any help on this one? If they are holding my company liable, then they'll just pay the higher amount and recharge me. Which, I don't want!

Reply as the company and give your name and address as the driver.

Even though this is Scotland, you must stop the scammers from writing to the company. This is the only way.

Please show us both side of the NTH sent to you (or was it only a NTK sent to your company)?

Either way, I want to see how it was worded

Balralf

Thanks for your help here Coupon.
I've posted the first letter sent to my company, I assume they completed the bottom bit and advised I was the driver.
I have also attached the letter I received from CPS after this.


See pictures below:

Coupon-mad

Balralf said:

Thanks for your help here Coupon.
I've posted the first letter sent to my company, I assume they completed the bottom bit and advised I was the driver.
I have also attached the letter I received from CPS after this.


See pictures below:

Thankyou very much. Non-POFA docuemts.

Could you show this too because I'd like to demonstrate this sharp practice to the Government. This is the crux of the scammery:

CPS UK have made it impossible for the keeper (company) or the vehicle hirer (who the company named in good faith in order to transfer liability), to appeal or dispute.

But in their la-la land they're saying it's non-POFA so (because you haven't named the driver) we'll revert to the COMPANY (keeper) 'on the assumption that they - the company! - was 'the driver'. There's no such presumption in law even if the keeper was a person!

They have replied saying that they reject the appeal because:
A valid session is required to park, and they can't find a paid session. 
The notice wasn't issued under the conditions of POFA therefore they aren't asserting liability under POFA but operating under the assumption that the keeper was the driver at the time the charge was issued. They are therefore keeping the registered keeper, my company, liable for this charge.

Please show a screenshot of that email with headers/dates but cover all names & full email addresses, and cover the PCN number.

Balralf

They attached the below in an email. They have included pictures of signs, which I legitimately don't recall.

Coupon-mad

OK, so do the online Transfer of Liability form but do it as THE COMPANY transferring liability to you and saying you were the driver.

Balralf

That's what my company have already done? Do I do that again? 

Coupon-mad

They haven't.