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Euro Car Parks
aimone
post Tue, 13 Feb 2018 - 21:34
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Hi,

Wondering if anyone can help, received a PCN, not really wanting to ignore this as the car is through an employee car lease scheme, the company received the NTK(who then moved liability over, how should i proceed with this ticket, appeal?

Thanks in advance

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This post has been edited by aimone: Wed, 14 Feb 2018 - 09:28
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post Tue, 13 Feb 2018 - 21:34
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aimone
post Wed, 14 Feb 2018 - 13:58
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i sign a finance agreement and the vehicle is loaned to me for 6months, then hand it back and get a new one
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bearclaw
post Wed, 14 Feb 2018 - 14:16
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OK so you do hire the vehicle. In theory that means they should have sent the relevant parts of the lease/hire agreement through which they should have had from the Registered Keeper. However that is you - whcih muddies the water a little bit! This isn't normally how a lease vehicle is set up.

I think you would be best waiting for someone with a little more knowledge to comment as well as I'm not sure a POFA s14 is going to be workable here.
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nosferatu1001
post Wed, 14 Feb 2018 - 15:11
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It is a loan, so a lease / hire is exactly correct and para 14 is what you need.

What you also add is that they are under no circumstances to contact the registered keeper any longer, as they may desapite having no liability cause you to incur costs. Should you, the PPC breach your obligations under POFA Schedule 4 para 14 and return to the Registered keeper, and any expenses are then incurred by you the Keeper, you reserve the rigtht to hold the Operator liable for these costs in full. You will rely upon this letter for that purpose.
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aimone
post Wed, 14 Feb 2018 - 15:17
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Thank you for your help and apologise if my previous posts didnt make 100% sense, i will use the above in my response to them closer to the ending time, should this be posted by mail or is emailing it suitable?

Dear Sirs,

I am the Keeper of vehicle xxxx and I am responding to your Notice to Keeper dated 6/2/18 but was received on xxxxxx.

You have failed to comply with the requirements of schedule 4 of the Protection of Freedoms Act 2012, namely, but not limited to, 14 (2) (a), failing to deliver the prescribed documents with the Notice to Hirer/Keeper. I cannot therefore be held liable for the actions of the driver at the time. There is no legal requirement for me to identify who was driving at the time and I will not be doing so. I do not expect to hear from you again except to confirm that no further action will be taken on this matter.

I will also add that you are under no circumstances to contact the registered keeper any longer, as they may despite having no liability cause me to incur costs. Should you, the PPC breach your obligations under POFA Schedule 4 para 14 and return to the Registered keeper, and any expenses are then incurred by me the Keeper, I reserve the right to hold the Operator liable for these costs in full.

Yours etc.

This post has been edited by aimone: Wed, 14 Feb 2018 - 15:19
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ostell
post Wed, 14 Feb 2018 - 22:28
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Send it by whichever method, even both, but make sure you can show you sent it. email send a copy to yourself, mail get a free certificate of posting.

Hope you are going to educate your company staff about POFA and the difference between a fine and an invoice.
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nosferatu1001
post Thu, 15 Feb 2018 - 08:37
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Certificate of posting means first class a swell. NOT recorded - research to find out why not.
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