Parking charge notice via Lease company, Final notice - first document received |
Parking charge notice via Lease company, Final notice - first document received |
Sun, 9 Dec 2018 - 19:13
Post
#1
|
|
Member Group: Members Posts: 24 Joined: 20 May 2014 Member No.: 70,779 |
Good evening everyone.
I wonder if anyone would be kind enough to give me a factual view re. best way forward on this one please? I drive a private lease car and the lease company is the registered keeper. In August, the car was parked by another driver in an ANPR car park in Manchester (operated). First week in November I received a 'Final Notice' from G24 in relation to the August parking. I have never received a Notice of any kind only this final notice document which does not set out even the parking date. I wrote to them to ascertain what images they had on file as there have been issues with completeness of evidence from this company previously. I did not identify the driver. They replied saying that the appeal period had expired therefore either pay £100 or go to court. Some assumptions: a) The original notice to keeper was sent to the lease company b) The lease company identified the hirer (to avoid Keeper Liability I guess) c) G24 sent me the final notice as a result of (b). d) Lease company are likely to charge an admin fee each time they have to deal with this although documentation is now in my name. So next steps.....not sure hence question. I have attached links to the two letters from G24. I can't seem to upload them. URL: http://tinypic.com/r/x5796v/9 URL: http://tinypic.com/r/3357f3c/9 Any help very gratefully received! Many thanks. Phil |
|
|
Advertisement |
Sun, 9 Dec 2018 - 19:13
Post
#
|
Advertise here! |
|
|
|
Sun, 9 Dec 2018 - 19:41
Post
#2
|
|
Member Group: Members Posts: 564 Joined: 15 Nov 2017 Member No.: 95,103 |
Did you get any Notice to Hirer and associated paperwork at all from the parking company? I presume the leasing company have the correct address for you?
This post has been edited by bearclaw: Sun, 9 Dec 2018 - 19:41 |
|
|
Sun, 9 Dec 2018 - 19:48
Post
#3
|
|
Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
Dear Sir
Ref **** I have received your letter dated **** Regardless of its title, you appear to be under the misapprehension that you have served a valid Notice to Hirer in accordance with POFA Para 14 You have not. The Final Notice is the first document that I have received I was not the driver and you have never acquired any right to recover payment from me as the Hirer I will note the content of any communications in accordance with your Option #2 but will not reply Yours Faithfully |
|
|
Sun, 9 Dec 2018 - 20:22
Post
#4
|
|
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
You inform them that they have not included the documents required by POFA 14 (2) and therefore they cannot transfer liability from the driver to you, the keeper.
Don't send it in too quickly, not before day 19 after the letter so that they cannot send a compliant notice within the required 21 period. This post has been edited by ostell: Sun, 9 Dec 2018 - 20:25 |
|
|
Sun, 9 Dec 2018 - 20:51
Post
#5
|
|
Member Group: Members Posts: 24 Joined: 20 May 2014 Member No.: 70,779 |
Thank you so much for the super quick and reassuring responses!
I'll pen something up using the example supplied and sit on it until the 11th or maybe 10th hour. Much appreciated all. Phil |
|
|
Sun, 9 Dec 2018 - 22:06
Post
#6
|
|
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
I wasn't on my desktop before but now that I am back this is what I would normally suggest sending, with the same suggested time frame.
Sirs Ref CPCN xxxxx VRM yyyyyy I am the hirer/keeper of the above vehicle and am in receipt of the CPCN 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. Hope the driver hasn't been identified. This post has been edited by ostell: Sun, 9 Dec 2018 - 22:08 |
|
|
Lo-Fi Version | Time is now: Thursday, 28th March 2024 - 21:32 |