PCM Charge received

[sudd1976]

Hello all,

Looking for some advice in regards a charge letter the keeper have received today.

The driver was driving the vehicle and pulled in to our local petrol station, the driver parked here whilst they went to the McDonald's on the same estate as it there was nowhere else that they could safely park.

We have received the letter shown in the imgur link, does the keeper have to pay this or should they dispute it?

http://imgur.com/gallery/565c5UM

Any advice would be great.

[ostell]

Need to be able to see the file. Suggest you use imgur hosting site.

Edit so that the identity of the driver cannot be inferred. The driver drove and parked, the keeper received the letter.

[sudd1976]

Hello,

I have loaded the charge letter to Imgur as per your suggestion

http://imgur.com/gallery/565c5UM

[ostell]

This was a hire car I presume. Was there any other documents included with the letter?

[sudd1976]

It's a lease car, not a hire car. There were no other documents enclosed oy the one I have posted.

[ostell]

Lease, hire, same difference

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the hirer/keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to supply the additional documents mandated by section 14 (2) (a) of the Act. You cannot therefore transfer liability from the driver at the time to me, the hirer keeper..

There is no legal requirement to identify the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc.


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

Send so that it arrives on day 19 after the letter so that they can't correct and reissue.

[sudd1976]

Thank you very much for all your help, I will use the above.

Can I ask about sending the reply so it arrives on day 19 of the original document, why is this done?

[ostell]

They have 21 days to get a Notice to Hirer to you. If you give them too much notice they can correct their error.

It's all in POFA

[sudd1976]

So the company in question, have sent the keeper a letter In regards the charge.

Which can be viewed here

http://imgur.com/gallery/mdwpsDo
What do you believe the best course of action would be in regards this?

[ostell]

You could write to them saying that they have failed to address the points in your letter and you reiterate that they failed to meet the requirements of POFA, as detailed in your letter, and therefore, as the hirer, you have no liabilities in this matter.

Then ignore any further letters until you get a letter before claim