Parking Fine

[Harley1450]

Hello, hope you can help. Today I received a parking fine forwarded to me by my head office (I drive a company car). They received this on 28th January and the date on the fine invoice is 23rd January. This was for parking at a branch of Buzz bingo on 1st January for which I believe the signs notifying of the parking changes were not made clear. Since July 2018 you now have to enter your registration number into a tablet style machine inside the bingo which I was not aware of, also, have they taken too long to issue this fine? Any advice would be much appreciated.

[ostell]

What is the status of the car? Is it a lease car or is it owned by your company? Post up the PCN, suitably redacted but leave dates.

If your company are the registered keepers off the car then the notice is indeed too late and they can only chase the unknown driver and there is no requirement to name the driver. Please find out the exact status of the car.

This is not a fine it is an invoice for an alleged breach of conditions.

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

[Harley1450]

Hi, thanks for your reply, just got word back from my head office that my vehicle is a lease car and my company are not the registered keeper, I have attached a copy of the parking charge notice, really not sure where to go on this, I've already appealed against it, just hope that was the right thing to do. PCN.pdf

[Amethyst]

How would the parking company have the company details if they aren't the registered keeper ? Is the V5 in your name at your address ?

[ostell]

Good. Is that PCN you posted addressed to your company or is just a copy that the lease company received, ie addressed to the lease company and forwarded to your company.

If it is the leasing company copy it is too late for keeper liability, should be received within 14 days.

If it is addressed to your company then there should also be copies of the lease agreement and the original PCN accompanying the NTK. It is unknown for those additional documents to be present and therefore they have not complied with the requirements of POFA to be able to transfer liability from the driver to the keeper.

Here is POFA, The section that I think is relevant is 14 (2) (a). There are also quite a few other POFA fails.

Let me know the exact situation and I'll post up a template for you/your company to respond to Highview and tell them to get lost.

For Amethyst The lease company have provided the hirers name and address to remove their liability for the charge, which is why I am asking about who that notice is addressed to.

[ostell]

I've already appealed against it, just hope that was the right thing to do.

I've just noticed that !!!


That appeal was the wrong thing to do about it unless you understood the situation !

What did you say in the appeal, did you identify the driver?

[Amethyst]

For Amethyst The lease company have provided the hirers name and address to remove their liability for the charge, which is why I am asking about who that notice is addressed to.

Ahhh I did wonder how it ended up being forward to the OP by his company if they weren't the registered keeper - the lease part makes sense - thank y ou xx

[Harley1450]

The PCN was addressed direct to my head office. No other documents were enclosed. It's an Arnold Clarke lease car. In my appeal I stated that the terms and conditions for parking were not clearly and prominently displayed. I did not identify the driver in the appeal.

[ostell]

Perhaps not a direct reference but......

However here's a letter to send. I've changed it as the PCN was addressed to the company, you may need permission to sign it on behalf of the company or someone in the transport department will send and take note for the next PCN that comes in, no matter who sent it, if those documents are not there.

Sirs

Ref PCN xxxxx VRM yyyyyy

We are the hirer/keeper of the above vehicle and are in receipt of the PCN you issued. We 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 us, the hirer/keeper..

There is no legal requirement to identify the driver at the time and we will not be doing so. As you are no doubt aware we cannot, as a body corporate, be the driver at the time.

Any further communication with us on this matter, apart from confirmation of no further action and our 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.

Send first class with free certificate of posting from a post office. Not signed for, they can reject it.

They may not accept the appeal but will supply a POPLA code and an appeal to POPLA will succeed, and will have cost them £40

P.S. There are several other non compliance with POFA on the NTK but only need to mention it if it gets to a POPLA appeal.

[Harley1450]

Very much appreciated, I'll let you know how I get on, thank you everyone.