PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

PCN - Doncaster, NCP - Hire Vehicle
Bidshd
post Tue, 12 Feb 2019 - 15:48
Post #1


Member


Group: Members
Posts: 22
Joined: 12 Feb 2019
Member No.: 102,419



Hello all

I've recently received a PCN from NCP, alleging that I an liable for a PCN of £100

The vehicle in question was a hire vehicle and at this stage I am unsure who was driving

Date of Incident: **MID**/11/2018
Date of sending this notice: 08/02/19

The letter states that ANPR captured the registration and the vehicle was parked from around 6pm - 11pm and it was parked without payment, liability for the same having been brought to the drivers attention by clear signage in and around the site
Now I know that car park and it's very poorly lit, especially at 6pm mid November, if lit at all and the signs are very small. There's also a local beggar that sits at the side of the pay machine, which can be intimidating for some

It states that a Notice to Keeper has previously been served and this contains the full details of the charge (although does not state when or to whom this was served)

I'm unsure what to do with this as I've not really had any dealings with PCN's before and I'm struggling a little with finding a definitive answer

If someone could help that would be great, I can provide more info from the letter if needed

Thanks
B
Go to the top of the page
 
+Quote Post
2 Pages V  < 1 2  
Start new topic
Replies (20 - 31)
Advertisement
post Tue, 12 Feb 2019 - 15:48
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Bidshd
post Wed, 20 Feb 2019 - 11:26
Post #21


Member


Group: Members
Posts: 22
Joined: 12 Feb 2019
Member No.: 102,419



QUOTE (ostell @ Tue, 12 Feb 2019 - 22:29) *
14 days is not applicable for lease cars and they haven't included a copy of the original PCN to check.

If a copy of the lease agreement AND the original PCN to the lease company are not there then the appeal is :

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.


Send so that it arrives on day 19 after the date on the letter. First class with free certificate of posting from a post office.



QUOTE (Redivi @ Fri, 15 Feb 2019 - 09:44) *
Weren't there two charges in play ?

The Enterprise admin charge that's been cancelled

The original NCP parking charge that's still in play but can't be recovered :

We already knew about the failure to provide the hire documents but are now also certain that NCP left it too late to send the Notice to Hirer


I can confirm Enterprise have cancelled their admin charge

The NCP charge remains unpaid pending sending the letter advised above so NCP receive on the 19th day after date on letter

Is this the correct action or do I need to speak to Enterprise and gain more info?

Thanks

This post has been edited by Bidshd: Wed, 20 Feb 2019 - 11:26
Go to the top of the page
 
+Quote Post
ostell
post Wed, 20 Feb 2019 - 11:49
Post #22


Member


Group: Members
Posts: 9,950
Joined: 8 Mar 2013
Member No.: 60,457



THe reason for day 19 is so that they cannot then issue a compliant Notice to Hirer to arrive before day 21.

Nothing really more to be gained from Enterprise, other than the date of their response to NCP
Go to the top of the page
 
+Quote Post
Bidshd
post Wed, 20 Feb 2019 - 12:10
Post #23


Member


Group: Members
Posts: 22
Joined: 12 Feb 2019
Member No.: 102,419



QUOTE (ostell @ Wed, 20 Feb 2019 - 11:49) *
THe reason for day 19 is so that they cannot then issue a compliant Notice to Hirer to arrive before day 21.

Nothing really more to be gained from Enterprise, other than the date of their response to NCP

Brilliant, thank you for the quick reply biggrin.gif
Go to the top of the page
 
+Quote Post
ostell
post Wed, 20 Feb 2019 - 13:18
Post #24


Member


Group: Members
Posts: 9,950
Joined: 8 Mar 2013
Member No.: 60,457



You're not having a lot of luck with your hire vehicles and PCNs !
Go to the top of the page
 
+Quote Post
Bidshd
post Thu, 21 Feb 2019 - 12:54
Post #25


Member


Group: Members
Posts: 22
Joined: 12 Feb 2019
Member No.: 102,419



QUOTE (ostell @ Wed, 20 Feb 2019 - 13:18) *
You're not having a lot of luck with your hire vehicles and PCNs !

Yeah, I believe the car park in question used to be council run and free on evenings, I can't swear to this though

Hoping to box these off and ensure that it never allegedly happens again

The grind is that it's free on street parking in the evenings directly outside the car park!

This post has been edited by Bidshd: Thu, 21 Feb 2019 - 12:56
Go to the top of the page
 
+Quote Post
ostell
post Thu, 21 Feb 2019 - 17:27
Post #26


Member


Group: Members
Posts: 9,950
Joined: 8 Mar 2013
Member No.: 60,457



If it used to be council then there is a fair chance it may still be council and NCP are running it, especially with being free in the evening. Check with the local council, probably info on their website, if they still own it and there is a Parking Places Order still on the land. If there is then it si not relevant land for the purpose of POFA and the keeper cannot be held liable.
Go to the top of the page
 
+Quote Post
Bidshd
post Mon, 25 Feb 2019 - 12:19
Post #27


Member


Group: Members
Posts: 22
Joined: 12 Feb 2019
Member No.: 102,419



QUOTE (ostell @ Thu, 21 Feb 2019 - 17:27) *
If it used to be council then there is a fair chance it may still be council and NCP are running it, especially with being free in the evening. Check with the local council, probably info on their website, if they still own it and there is a Parking Places Order still on the land. If there is then it si not relevant land for the purpose of POFA and the keeper cannot be held liable.

It's not listed on the council website and I can't seem to find anything about it so perhaps I am incorrect on this
Go to the top of the page
 
+Quote Post
Bidshd
post Fri, 15 Mar 2019 - 11:53
Post #28


Member


Group: Members
Posts: 22
Joined: 12 Feb 2019
Member No.: 102,419



An update on this one:

Received a final demand for this dated 11/03/19 and a letter dated 12/03/19:

The final demand calls for £100 to be paid 14 days from the date above

The letter front:
https://share.icloud.com/photos/0TBU411RAlP...thorpe,_England

The letter back:
https://share.icloud.com/photos/0c9GbPMylDj...thorpe,_England

I assume I’ll have to appeal to POPLA, do I just basically appeal stating the same reasons I originally appealed to NCP with?

Thanks in advance guys

This post has been edited by Bidshd: Fri, 15 Mar 2019 - 11:55
Go to the top of the page
 
+Quote Post
ostell
post Sat, 16 Mar 2019 - 09:30
Post #29


Member


Group: Members
Posts: 9,950
Joined: 8 Mar 2013
Member No.: 60,457



Yes, appeal to POPLA (but edit to remove the details of the POPLA code.

Did you find out what date Enterprise sent their response to NCP?

You are the HIRER of the vehicle. At no time do Enterprise know who was driving the vehicle

Your POPLA appeal will cover the fact that they did not comply with the requirements of POFA and therefore you, as the keeper, can not be held liable.

If you can get another point in the appeal in that they failed to serve the notice within 21 days of being notified then so much the better.
Go to the top of the page
 
+Quote Post
Bidshd
post Wed, 20 Mar 2019 - 13:19
Post #30


Member


Group: Members
Posts: 22
Joined: 12 Feb 2019
Member No.: 102,419



Spoke to Enterprise who state that they received notice from NCP 02/12/18

Enterprise sent hirer details to NCP 05/12/18
Go to the top of the page
 
+Quote Post
cabbyman
post Wed, 20 Mar 2019 - 13:23
Post #31


Member


Group: Members
Posts: 6,769
Joined: 15 Dec 2007
From: South of John O'Groats, north of Cape Town.
Member No.: 16,066



Get Enterprise to confirm it in writing.

It's a waste of time phoning people. Phone calls can rarely be evidenced satisfactorily. Always ask the question in writing.


--------------------
Cabbyman 10 PPCs 0
Go to the top of the page
 
+Quote Post
Bidshd
post Wed, 20 Mar 2019 - 13:26
Post #32


Member


Group: Members
Posts: 22
Joined: 12 Feb 2019
Member No.: 102,419



QUOTE (cabbyman @ Wed, 20 Mar 2019 - 13:23) *
Get Enterprise to confirm it in writing.

It's a waste of time phoning people. Phone calls can rarely be evidenced satisfactorily. Always ask the question in writing.


Good call, thank you
Go to the top of the page
 
+Quote Post

2 Pages V  < 1 2
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: Saturday, 23rd March 2019 - 15:55
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.