PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

PCN paid for by hire vehicle company without my right to appeal
shoadam
post Tue, 15 Jan 2019 - 11:54
Post #1


Member


Group: Members
Posts: 66
Joined: 8 Jan 2019
Member No.: 101,773



Hello there,

I have a courtesy vehicle from a company due to a recent accident.

I had received THREE tickets for turning the same right turn which was forbidden ( stupid i know ) but the hire vehicle company has paid all the tickets without giving my right to appeal it.

The reason for me turning these rights was due to being with my farther who is recovering and has many medications he needs to take. He always forgets his medication at his house which always causes me to race to his house when the need of the medication is needed. He always directs me also and rushes me aswell as when he needs these medications he really does NEED them.

What do i do? Do i contact barnet council to appeal this or ... ?

THANK YOU!
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 10)
Advertisement
post Tue, 15 Jan 2019 - 11:54
Post #


Advertise here!









Go to the top of the page
 
Quote Post
peterguk
post Tue, 15 Jan 2019 - 11:59
Post #2


Member


Group: Members
Posts: 13,735
Joined: 22 Oct 2007
Member No.: 14,720



QUOTE (shoadam @ Tue, 15 Jan 2019 - 11:54) *
He always forgets his medication at his house which always causes me to race to his house when the need of the medication is needed. He always directs me also and rushes me aswell as when he needs these medications he really does NEED them.

IMHO you have no chance of getting the PCNs cancelled. You need to come up with a better story than that!


--------------------
Go to the top of the page
 
+Quote Post
Neil B
post Tue, 15 Jan 2019 - 12:30
Post #3


Member


Group: Members
Posts: 21,300
Joined: 16 Jan 2008
Member No.: 16,671



QUOTE (shoadam @ Tue, 15 Jan 2019 - 11:54) *
but the hire vehicle company has paid all the tickets without giving my right to appeal it.

Let's have a look at the hire agreement.


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

Go to the top of the page
 
+Quote Post
Mad Mick V
post Tue, 15 Jan 2019 - 12:50
Post #4


Member


Group: Members
Posts: 7,592
Joined: 28 Mar 2007
Member No.: 11,355



Exactly.

This is a courtesy car so they may have cut corners on the documentation.

Mick
Go to the top of the page
 
+Quote Post
hcandersen
post Tue, 15 Jan 2019 - 13:50
Post #5


Member


Group: Members
Posts: 24,364
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551



?
At present you are outside the scope of traffic regulations.

The registered keeper has decided to pay which is their right provided that by so doing they did not pay more than the discounted penalties. They are not obliged to try and transfer liability to you.

Presumably they'll charge you under your hiring agreement - nothing to do with road traffic contraventions, this is purely a contractual matter. Whether they would be permitted to do so, we do not know. If you post your hiring agreement we could review.

At present you have no standing in the matter as regards the penalties and you cannot approach the council.

On the basis of your account, any reps which you might have made would have failed. But you might have an argument regarding cumulative penalties in a very short period involving the same circumstances.

But we end up with too many what ifs which makes deciding upon a course of action difficult.

Your hiring agreement, the dates of the PCNs and corresponding dates of contraventions and what you're being charged by the hire company please.
Go to the top of the page
 
+Quote Post
cp8759
post Tue, 15 Jan 2019 - 21:39
Post #6


Member


Group: Members
Posts: 11,797
Joined: 3 Dec 2010
Member No.: 42,618



As hcandersen says, there is no scope for an appeal under the traffic regulations, this is now purely a contractual matter between you and the registered keeper. You need to show us the hire agreement, however if they haven't charged your card already I would get in cancelled immediately, if they're unable to charge your card it's unlikely they'll take it further (and if they do, it's easy to deal with).


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
Go to the top of the page
 
+Quote Post
shoadam
post Sat, 19 Jan 2019 - 14:44
Post #7


Member


Group: Members
Posts: 66
Joined: 8 Jan 2019
Member No.: 101,773



Guys thank you so much for the help and sorry for the late reply!

This is what i had to sign for them and no they haven't charged my card already but it's really frustrating how i dont have the right to appeal an pcn especially when there is 3 of them!


https://ibb.co/8x2HXP1

https://ibb.co/tqr0Rnb

QUOTE (cp8759 @ Tue, 15 Jan 2019 - 21:39) *
As hcandersen says, there is no scope for an appeal under the traffic regulations, this is now purely a contractual matter between you and the registered keeper. You need to show us the hire agreement, however if they haven't charged your card already I would get in cancelled immediately, if they're unable to charge your card it's unlikely they'll take it further (and if they do, it's easy to deal with).



How is it easy to deal with afterwards? Could you give me the procedures?
Go to the top of the page
 
+Quote Post
cp8759
post Sat, 19 Jan 2019 - 15:56
Post #8


Member


Group: Members
Posts: 11,797
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (shoadam @ Sat, 19 Jan 2019 - 14:44) *
How is it easy to deal with afterwards? Could you give me the procedures?

Cancel your card *NOW*. That way they can't take money off your card, and then you don't need to appeal anything. It is unlikely they will pursue you further and that'll be the end of that.

But even if they send you a letters saying you owe them the money, we'll write a response for you.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
Go to the top of the page
 
+Quote Post
shoadam
post Mon, 21 Jan 2019 - 15:18
Post #9


Member


Group: Members
Posts: 66
Joined: 8 Jan 2019
Member No.: 101,773



I have cancelled my card.

They contact me everyday regarding this what am i meant to say?

And what if they forward this to bailiffs because i signed that paper i showed above?

Quite confused
Go to the top of the page
 
+Quote Post
cp8759
post Mon, 21 Jan 2019 - 15:26
Post #10


Member


Group: Members
Posts: 11,797
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (shoadam @ Mon, 21 Jan 2019 - 15:18) *
I have cancelled my card.

They contact me everyday regarding this what am i meant to say?

And what if they forward this to bailiffs because i signed that paper i showed above?

Quite confused

Are they phoning you? If yes, just tell them liability is not accepted, they must stop calling you and if they believe a debt is owed, they must put it in writing as required by the Pre-Action Protocol for Debt Claims.

If they've written to you, or emailed, post up a redacted copy and I'll give you a reply to send back.

They can't send the bailiffs, they are just a private company and have no statutory enforcement powers. They would have to take the matter to court first, which to be honest for this sort of amount wouldn't be worth their while (quite aside from the fact that even if they do go down that route, IMO they will lose).


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
Go to the top of the page
 
+Quote Post
Neil B
post Mon, 21 Jan 2019 - 16:36
Post #11


Member


Group: Members
Posts: 21,300
Joined: 16 Jan 2008
Member No.: 16,671



QUOTE (shoadam @ Mon, 21 Jan 2019 - 15:18) *
i signed that paper i showed above?

90% of it confirms they are supposed to transfer liability - by naming you to the Council, IF that hire agreement qualifies.
They haven't. Tough on them.

They mention just once that they might pay PCNs in 'certain circumstances' but don't say what those circumstances are,
neither can I imagine what they could possibly be.

Like cp, I can't see them having a chance.


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Tuesday, 16th July 2019 - 07:00
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.