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Company Vehicle PCN
CA123
post Thu, 24 Sep 2020 - 20:08
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Hi

One of our company vehicles appears to have a parking charge against it. Vehicle registered to the business and business address.

A letter came through today "Notice of impending court action" - and then one of the admin girls realised we received a letter asking us to identify the driver back in August... rolleyes.gif

I'm not 100% sure who would have been driving but could probably find out. Is it too late to get these details to them now?

This is from "District Enforcement."

Help much appreciated, thank you.
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post Thu, 24 Sep 2020 - 20:08
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ostell
post Thu, 24 Sep 2020 - 20:21
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The letter probably nothing and just intended to scare the recipient, and it appears to have worked.

Who was this latest letter from? If it was from a debt collector such as DRP or Zenith it can be ignored but action needs to be taken.

Post up this latest letter, suitably redacted, and the first letter received, again suitably redacted but leave dates.

It may help if you post on a hosting site such as imgur and put a link on here

There is no legal requirement to identify the driver and it is usually advantageous not to.

This post has been edited by ostell: Thu, 24 Sep 2020 - 20:24
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CA123
post Fri, 25 Sep 2020 - 08:20
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Hi ostell

Please find images below.







I have seen their images on their portal and it's not very clear who the driver is, although I can tell because of who would have had access to the van at the time.
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Harnes
post Fri, 25 Sep 2020 - 08:50
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Are they not allowed to add Administration and legal costs ?


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Better to be 20 minutes late in this life than 20 years early into the next one !
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ostell
post Fri, 25 Sep 2020 - 09:20
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You've removed the dates on the notice to keeper, what are they?
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The Rookie
post Fri, 25 Sep 2020 - 09:51
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QUOTE (Harnes @ Fri, 25 Sep 2020 - 09:50) *
Are they not allowed to add Administration and legal costs ?

There will be fixed court costs (claim and hearing costs) and the permitted legal costs (£50) which would be £100 plus interest on the original sum, so just over £100. That statement as included here is fine.

For the OP, the driver is liable for private parking charges (invoices), the keeper of the car will only ordinarily be liable if the parking company follows the exact requirements of the Protection of Freedoms act - there are some gaps in that notice but dates are also a specific requirement and you've hidden that key information.
1/ You could name the driver still, that can be done up until the court claim is actually raised by them at which point the keeper would have no liability*
2/ Or you could fight this yourself.

*As a company it may be claimed by them/agreed by court that as an employer you have liability for the employees actions here and so no PoFA keeper liability is needed for you to be liable although if the driver is named they are unlikely to follow that path.

You may want to tighten your process up a bit, if you'd received notification of a criminal offence (such as speeding) and failed to reply the total cost would likely have exceeded £1000.


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CA123
post Fri, 25 Sep 2020 - 09:57
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Sorry wasn't sure on how much to cover.

First date 24th August, second letter 22nd September. Offence 17th Aug.
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CA123
post Fri, 25 Sep 2020 - 10:16
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QUOTE (The Rookie @ Fri, 25 Sep 2020 - 10:51) *
You may want to tighten your process up a bit, if you'd received notification of a criminal offence (such as speeding) and failed to reply the total cost would likely have exceeded £1000.


Absolutely - we have already sorted that now thankfully. With some staff working from home it all gets a bit messy.


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The Rookie
post Fri, 25 Sep 2020 - 10:45
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Not an offence, incident or breach of contract term.

OK so well within the 14 days.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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ostell
post Fri, 25 Sep 2020 - 11:54
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I can't see any mistakes in the first letter so they can claim from the keeper. I would suggest writing to them apologising for the delay in answering their letter of 24th August caused by the handling of Covid in the office and offer them a full and final of £60.
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CA123
post Fri, 25 Sep 2020 - 12:17
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Thank you both for your help.

Can they claim from us as the keeper of the vehicle if we gave the driver details to them? He is Polish and moves address every 6 months so I would question whether he is likely to pay it...
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ostell
post Fri, 25 Sep 2020 - 12:52
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In theory you can remove responsibility from yourselves by giving the name and contactable adress of the driver. That's according to POFA

If they are smart they can claim from you as the driver was an employee.

Name the driver. You could give his address in Poland as he would be contactable at that address, and if you have it.

What was the driver doing? Delivering or contract work? Can the client get the charge cancelled?
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The Rookie
post Fri, 25 Sep 2020 - 18:29
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Whether he is likely to pay it isn’t relevant is it?

There is no keeper liability once the drivers name an serviceable address is given.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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