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    • IsThisForReal
    • By IsThisForReal 5th Oct 17, 11:01 AM
    • 2Posts
    • 0Thanks
    PCN company car
    • #1
    • 5th Oct 17, 11:01 AM
    PCN company car 5th Oct 17 at 11:01 AM
    Hi my sister's company received a pcn via the lease company please see attached pcn and debt collection letter. The PCN was addressed to The company (she works for) c/o the lease company. She has been away on holiday so was not able to address at the time. The pcn was issued by PCS acting on behalf of the creditor WY Parking Enforcement subsequently received a letter from DRP demanding payment of £149.

    Sorry can't upload images of pcn and debt recovery letter.

    Her fleet manager has sent an appeal via e-mail to PCS and received the reply below.

    Appeal: Sent 26th September

    Dear Sir,

    Parking Charge Notice 123456 - Vehicle Registration abcdefg
    Formal Dispute of Parking Charge

    We refer to the above-detailed Parking Charge Notice (“PCN”) issued by WY Parking Enforcement to our company, ABC ltd in respect of an alleged breach of Parking Terms and Conditions at LOCATION on 07/08/17. We confirm that ABC LTD is the registered keeper of this vehicle and we write to formally dispute the validity of this PCN.

    In order to be able to claim unpaid parking charges from a vehicle’s keeper, an operator must deliver a Notice to Keeper in full compliance with Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”). There are many reasons why WY Parking Enforcement’s does not comply with POFA and consequently, WY Parking Enforcement’s has forfeited its right to utilise the provisions of POFA to claim unpaid parking charges from ABC LTD. In order for you to understand why, we suggest that you carefully study the details of Schedule 4, Paragraph 9 in particular.

    As you have failed to comply with POFA we have no legal obligation to provide the details of the driver and as the company is the registered keeper it clearly could not have been the driver of the vehicle at the time of the alleged incident.

    Please provide within the timescales specified under the British Parking Association Ltd Code of Practice written confirmation of WY Parking Enforcement’s cancellation of this charge. Alternatively, should you still believe that WY Parking Enforcement has a valid claim, please provide us with details of the Independent Appeals Service (POPLA) and a unique POPLA Reference Number so that we may escalate our dispute.

    Please note, the contact details provided are of a representative of the company and not contact details of the alleged driver.

    Thank you for your cooperation and we look forward to receiving WY Parking Enforcement’s notification that this charge has been cancelled.

    Yours faithfully,

    Fleet Management Department,

    Reply: Sent 28th September

    Thank you for youremail regarding the above Parking Charge Notice (PCN).

    The time to challenge the charge has now expired and therefore access to the Independent Appeals Service (if applicable) is no longer available.

    However, in order to resolve this matter, I will offer the following comments as to why this PCN was correctly issued and is still payable.

    My findings

    The site in question is subject to terms and conditions, which are stated on signs throughout the area. Those signs state that all vehicles must be parked in an authorised manner.

    On the date in question, the vehicle was parked within a permit only parking area without clearly displaying a valid permit and a PCN was correctly and legitimately issued.

    Registered keeper liability

    As you failed to provide the driver’s/hirer’s contact details within the stipulated timeframe, liability now rests with the registered keeper of the vehicle (see section “More Information” for a detailed explanation).

    What you need to do now

    Please ensure that £149.00 is paid by 11/10/2017. Payment can be made online or by phone. Go to phone 0208 528 4122. You can find full details of how to pay on the reverse of the letter(s) sent.

    What will happen if you do not pay what you owe

    If the amount is not paid by the date shown above, we will recommend to our client that court action be taken by them to recover the outstanding balance.

    What if you do not agree

    Although any correspondence that does not provide further evidence will be noted and retained, I cannot guarantee that we will reply to it.

    More information

    • This parking charge has been issued under the terms of the Protection of Freedoms Act 2012. To comply with that act, we may need to write to you at specified times until the account is settled.

    • In accordance with page 20 of the Department for Transport’s guidance on Section 56 and Schedule 4 of the Protection of Freedoms Act 2012: Recovery of Unpaid Parking Charges, the alleged driver’s details have to be provided within 28 days of the notice to keeper alongside a serviceable address for the driver (i.e. within the legal jurisdiction of where the contravention occurred [England and Wales]). If both of these conditions are not met, the liability cannot be passed on and will remain with the registered keeper. As you failed to provide the above within the stipulated timeframe, liability now rests with you as the registered keeper of the vehicle.
    Looking for advice on the next step....should we now name the driver and go for a POPLA appeal ? Or should we maintain the stance on POFA non compliance? Need to act fairly quickly as her company does not want to receive any more threatening letters. Many thanks
Page 1
    • Quentin
    • By Quentin 5th Oct 17, 11:12 AM
    • 36,343 Posts
    • 20,588 Thanks
    • #2
    • 5th Oct 17, 11:12 AM
    • #2
    • 5th Oct 17, 11:12 AM
    The next steps are all set out in the newbies faq thread near the top of the forum.

    Everyone is politely asked to read there before starting a thread

    Who got the debt collectors letter? They can safely be ignored
    • IsThisForReal
    • By IsThisForReal 7th Oct 17, 1:19 PM
    • 2 Posts
    • 0 Thanks
    • #3
    • 7th Oct 17, 1:19 PM
    • #3
    • 7th Oct 17, 1:19 PM
    Hi Quentin I did read the faq, but I've gone back and read again. The debt letter was addressed to the Company she works for c/o the lease company as was the NTK.

    I figure there are a couple of options here

    1. Ignore until a pre court action letter (not one that I think her company will be happy with although the fleet manager is on side) I don't believe they could win this in court having looked at other cases on here. The NTK is not POFA compliant regarding times and also no mention of POFA is made on the NTK.

    2.Reply to the appeal rejection email identifying specifically where it is not POFA compliant and request all the evidence they have and a do not contact us again unless to provide evidence or to cancel as this would be viewed as harassment.

    3. Name the lessee/hirer without identifying driver and then go for a POPLA appeal the signage at the site is pretty poor and would be a good place to start an appeal.

    I would appreciate your comments / views as to the best option

    Last edited by IsThisForReal; 07-10-2017 at 1:27 PM.
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