Unloading Claim Rejected |
Unloading Claim Rejected |
Tue, 28 May 2019 - 07:24
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#1
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Member Group: Members Posts: 220 Joined: 30 Apr 2008 Member No.: 19,194 |
Hi All,
One of our vans got ticketed whilst unloading on non-restricted double yellow lines. We appealed with supporting evidence but this got rejected because the van was near a junction. Can anyone see anything incorrect about the council's letter before we pay? Cheers. |
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Fri, 26 Jul 2019 - 21:31
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#2
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Member Group: Members Posts: 35,068 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
@cp ??
You misgivings are way out: ) The lease company will pay the PCN and seek to recover the money from the OP, or 2) The council won't receive any representations and will, in due course, issue a charge certificate (which the lease company will no doubt re-charge to the OP). The die has already been cast; the lease company have written to the council and the OP. The OP is merely acknowledging receipt and confirming the meaning and purpose of the letter to the authority. You seem to have a problem with the straightforward and this action is exactly that, the response of a genuine person who received the two letters. I have revised my view. It is ESSENTIAL that the OP writes to the lease company. You seem to forget that if the OP does nothing then the council may indeed ignore the letter from the company and issue a CC. IMO the ONLY way of averting this is to write to the lease company because we know that the details in that letter do not comply with the mandatory elements required to transfer liability, contrary to your thoughts that all that's required is a clear intent to transfer liability - since when did this become the regulatory standard? Therefore BY DEFAULT the OP could be taken out of the enforcement process and find themselves lumbered in the contractual one. Only the OP can avert this possible outcome and they can't do it by sitting on their hands. This post has been edited by hcandersen: Fri, 26 Jul 2019 - 21:36 |
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Sat, 27 Jul 2019 - 17:02
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#3
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
The die has already been cast; the lease company have written to the council and the OP. No, the lease company has done no such thing. The lease company has simply notified the OP of the penalty, and it has provided a letter addressed to the enforcement authority, which the OP can use as a Letter of Authority when he writes to the council, should he chose to challenge the penalty. If there were any doubt that the lease company might have actually sent the third party authorisation letter to the council, any such doubt is dispelled by the letter to the OP clearly stating in relation to the Letter of Authority "You will need to send this with your appeal". I stand by my advice in post 43, the OP needs to write to the council so he can get a new NtO issued to himself. This post has been edited by cp8759: Sat, 27 Jul 2019 - 17:04 -------------------- 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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