PCM Parking Charge - Keeper Liability Notice Options

[Petraki]

We have received a PCN from PCM UK at work today. It was for an alleged contravention of not displaying a valid parking permit at a block of flats.

Contravention date was 26 October, but this is the first correspondence we've received. It's a company vehicle and registered in the company's name, so the letter was addressed to the company secretary.

This is a Keeper Liability Notice and because it's past the 28 days since they allegedly sent out the first letter, we can't appeal and they are instructing their debt collectors to start harassing us next.

I've successfully appealed private parking tickets through POPLA in the past, but it's been a few years and I've not been in this particular situation.

Since I can't appeal now, what's the best course of action?

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[ostell]

It may be a company vehicle but is it hired?

So you appeal and complain that this is the first that the company of heard about this matter and therefore it is outside the 14 day relevant period for the keeper to be held liable for the actions of the driver. There is no legal obligation to name the driver and the company will not be doing so.

[Petraki]

It may be a company vehicle but is it hired?

So you appeal and complain that this is the first that the company of heard about this matter and therefore it is outside the 14 day relevant period for the keeper to be held liable for the actions of the driver. There is no legal obligation to name the driver and the company will not be doing so.

It's company owned.

So if I appeal with your suggestion of not naming the driver, do they have to cancel it or do they have recourse to initiate court proceedings?

[ostell]

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

This is the first communication we have received from you. You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to us, the keeper.

As a body corporate we cannot be the driver and as there is no legal requirement to name the driver at the time we 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

They will reject but you do not appeal to the IAS. Just sit and see if you get a letter before claim. Keep all the paperwork.

Send by first class mail and get a free certificate of posting from a post office

[Petraki]

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

This is the first communication we have received from you. You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to us, the keeper.

As a body corporate we cannot be the driver and as there is no legal requirement to name the driver at the time we 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

They will reject but you do not appeal to the IAS. Just sit and see if you get a letter before claim. Keep all the paperwork.

Send by first class mail and get a free certificate of posting from a post office

Thanks, much appreciated. I will write to them.

What happens if they keep pursuing this? All I want to know is if there is a likelihood of this ending up in court, and if it does, what is the likely outcome? I have a busy schedule and will find it difficult to attend.

[nosferatu1001]

Not hugely likely to end up in court, and a company has a complete defence in tht the company cannot be the driver

If this was a clearly PRIVATE event it should be stated as such in this letter. It measn theyc annot claim the comapny is liable for the actions of their agent (the employee) as the agent was not conducting company business.

[Petraki]

Received their rejection letter today. They say they have sent correspondence before, although we haven't received it. What happens in this case? Do they have to provide proof of postage or that we actually received it?

Is the next course of action to prepare representations to the IAS?

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This post has been edited by Petraki: Fri, 20 Dec 2019 - 11:23

[ostell]

They forgot to mention that they can only hold the keeper liable IF they comply with the requirements of POFA, which they haven't.

Forget about the IAS, they will reject it. They promise a 85% rejection rate to their members

They will not have proof of postage and it was probably not sent royal mail

[Petraki]

They forgot to mention that they can only hold the keeper liable IF they comply with the requirements of POFA, which they haven't.

Forget about the IAS, they will reject it. They promise a 85% rejection rate to their members

They will not have proof of postage and it was probably not sent royal mail

So what is the next course of action? Ignore and see if they start court proceedings?

[Petraki]

So what is the next course of action? Ignore and see if they start court proceedings?

Anyone?

[ostell]

Ignore