PCN at BP Stansted Essex

[Mingualez]

Hi all
my company just received a PCN from met parking services. Relating to a PCN I received in the company van. I parked in an allocated parking bay directly in front of the petrol station shop. I entered the store to purchase food and drink. Then returned to my van to eat my sorry supper. I didn't notice any signs, not denying they may be present. But in short, apparently max stay is 30 mins and I was there 45.
I find this grossly unfair as I made a purchase and was oblivious to any time limit for patrons of the store.
Is there a way out of this PCN. I'm pretty certain my company won't want to get involved and will simply pay and dock me the money. So I need to try to deal with this alone.
Any help would be greatly appreciated.

Regards

[charitynjw]

Hi & welcome

Have either you or your company contacted MET? (In writing)

[ostell]

POFA 9(2) ( f) is missing, unless it is on the reverse. Therefore there can be no keeper liability.

[charitynjw]

POFA 9(2) ( f) is missing, unless it is on the reverse. Therefore there can be no keeper liability.

& I'm thinking classic Excel v Smith.

[charitynjw]

Mingualez

Just out of interest, what does your contract of employment state re parking fines/charges?

[ostell]

Edit your post so that the identity of the driver cannot be inferred. Use "the driver........." etc.

Here's POFA Check paragraph 9. I said I thought 9 (2) (f) was not there, amongst other things, so if it is not on the reverse then send (from the company) the following:

Dear Sirs,

We have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to us, the keepers.

There is no legal requirement to name the driver at the time and we will not be doing so. We are sure you will appreciate that a body corporate cannot be the driver.

We do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter.

Yours etc

First class post with free certificate of posting from a post office


The company will be on dodgy ground if they pay and try and recover from the driver when there is no liability in the PCN received.

One more thing, are the vehicles possibly rental, ie the company is not on the v5 DOCUMENTS?

[charitynjw]

In addition to the above, I'd also add there was no express authorisation from the firm for the driver to make an unscheduled stop
This was entirely the decision of the driver, & as such the firm cannot be responsible, as the act in question was not carried out in the ordinary course of the firm's business.

Given the facts of the situation, the Principal (the firm) is not liable for the agent (the driver).

Frederick & Ors v Positive Solutions (Financial Services) Ltd [2018] EWCA Civ 431 (13 March 2018)

As ostell says, this must come via the firm, as it is the firm who is being 'chased'

& at the risk of 'harping on'......do NOT ID the driver!