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Appealed PCN by email => PCN posted to old address => notice of enforcement (debt collection) received
Obsidian58
post Wed, 24 Nov 2021 - 13:46
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Hello all,

I am new to this forum - hoping I've included all necessary details and am not repeating details of a previous post. Please let me know if any more info is required. Many thanks to any responders in advance!

On 1.1.21 a PCN for a traffic violation (see attachment) was generated by Islington Parking and Traffic Services whilst I was driving in a hire vehicle. The hire company (Zipcar) sent me an email with details of the PCN on 19.1.21 and charged a nominal handling fee. I appealed the PCN (with helpful information from another PePiPoo post) by email with Islington Traffic & Parking Services on 21.1.21. I received a reply from their team on 2.3.21 explaining the reason for the PCN (and confusing signage which had led to the contravention), but also stating the below:

>>I can see from your file that the Hire Company has contacted us and requested that we transfer liability of the PCN to you. We have carried this transfer out today and a PCN will be sent to you in the post. As your email was sent before the new PCN was issued, I am unable to treat your appeal as formal representations. If you wish to contest this matter further, please carefully read the PCN and return it to us stating why you think the PCN should be cancelled.<<

I acknowledged by email on 10.3.21 and said that I would await the PCN in the post and appeal when I received it.

I did not receive a PCN by post (and therefore could not appeal again) but instead have just yesterday received a Notice of Enforcement for collection of £278 (£203 debt + £75 compliance stage fee) with regard to this PCN.

I phoned CDER (debt enforcement agency) this morning, explaining that I had not received a PCN by post. The agent was very blunt, stated a very old London address (at which I resided more than 4 years ago) and said that the matter had gone to Northampton County Court and the "taking control" process would begin in three days' time. I asked how the agency had acquired my current address, in Oxford. The reply was by public tracking and tracing. I was advised to take the issue up with the car hire company but all I could do to prevent the debt collectors arriving at my property at this time was to pay the fee.

I have subsequently spoken with Zipcar twice - two agents have verbally confirmed that the correspondence address they hold for me is a recent Oxford address (where all post is received and opened). I have written to Zipcar's violations team for clarification of exactly which address was provided to the issuer of this PCN.

Would be very grateful for any advice as to whether I can put debt collection visit on hold (and prevent extra fees accruing) whilst I look into this and if at all possible recover my right to appeal! Perhaps with a TEC form?

This post has been edited by Obsidian58: Wed, 24 Nov 2021 - 13:52
Attached File(s)
Attached File  f76dcf7b_c2d0_4012_82bc_3b8fa66c711f.pdf ( 645.03K ) Number of downloads: 90
 
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cp8759
post Sun, 13 Feb 2022 - 17:48
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Councils cannot ever recover zipcar PCNs (where they do, it only happens because people pay without seeking legal advice first).

Zipcar cars are registered to Avis, which is a distinct legal entity to Zipcar. Liability cannot "leapfrog" from Avis to you. At most Avis could effect a transfer of liability to Zipcar, but even if this happens, the agreements used by Zipcar will not comply with The Road Traffic (Owner Liability) Regulations 2000 so Zipcar cannot transfer liability to you. Often Avis just name the hirer directly, which cannot ever be valid without a transfer of liability to Zipcar first.

Zipcar operates on the basis of an app, but the regulations require both a signed statement of liability and an agreement that complies with the strict terms of the Owner Liability Regulations, where a council is challenged on this point in hire cases they always lose if they can't show a compliant agreement. A couple of recent examples are Daniel Bellinger v London Borough of Newham (2210413777, 11 August 2021) https://bit.ly/3xEStuu and Ali Nauman Khan v London Borough of Islington (2210763065, 07 January 2022) https://bit.ly/3K1Z8Gs

Yes you can appeal to the tribunal on a different basis to what is stated in the representations, this is explicitly allowed by the regulations. Otherwise you would never be able to appeal based on a flaw in the Notice of Rejection.

This post has been edited by cp8759: Sun, 13 Feb 2022 - 17:48


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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post Sun, 13 Feb 2022 - 17:48
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Obsidian58
post Mon, 7 Mar 2022 - 16:32
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Hello all - a final update on this case.

On 3.3.22 I received an email from Islington accepting my representations and cancelling the PCN.

I have tried to attach the redacted email, but realised there was some personal info within, so removed it. Now the attachment editor says I've used 1.84/1.95 MB (despite no current attachments) so the file is too large. Perhaps I can re-attach (fully redacted) tomorrow if there is a daily limit?

With very many thanks for your support, explanations of the technical details and advice. The process has been informative and (I hope) illustrates that with patience and knowledge, there is hope for the motorist, as is the purpose of the forum!

This post has been edited by Obsidian58: Mon, 7 Mar 2022 - 17:25
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