Strange PCN letter over two years later advice needed svp.

Strange PCN letter over two years later advice needed svp.

Author
Discussion

Buster73

Original Poster:

3,589 posts

101 months

Monday 18th November
quotequote all
A letter of claim sent to a Ltd.co who was the registered keeper of a vehicle in January 2017
when the alleged PCN was issued.

This letter was received today November 2019.

Nobody is aware of any previous documentation.

They inform of the notice to recover £160 in accordance with Protection of Freedom act 2012 Schedule 56 part 4.

Just googled that and cannot find anything about it.


Couple of questions I need an answer on.

I thought the contract in these cases was with the driver and not the registered keeper ?

Are the POF act schedule 56 part 4 correct and do they apply ?

General advice would be appreciated.

Chozza

279 posts

100 months

Monday 18th November
quotequote all
Google harder ...

56 Recovery of unpaid parking charges
Schedule 4 (which makes provision for the recovery of unpaid parking charges from the keeper or hirer of a vehicle in certain circumstances) has effect.

Buster73

Original Poster:

3,589 posts

101 months

Tuesday 19th November
quotequote all
Don’t know how I missed that , thanks for the link.

Basic question now is do we as a company have to pay ?

S11Steve

5,620 posts

132 months

Tuesday 19th November
quotequote all
It depends on who issued the original charge, what it is for, where it occurred and what has happened so far.

At this stage, you only need to reply asking for more details on the above, and try to obtain a copy of the Notice to Keeper that should have been sent.

We have received quite volume of these "fishing" letters recently for our rental fleet - old tickets that we have no prior knowledge of that are now being chased by debt collectors. It transpires that many were windscreen tickets that the driver did appeal in the first instance, but it was rejected. The parking companies have continued to chase the driver, but if they get no joy, they turn their attention to us as RK, and claim we are liable.

Keeper Liability has a number of conditions that have to be fulfilled, the vast majority of PPC fail to do this - there is a bit more reading about that aspect here - https://www.parkingcowboys.co.uk/keeper-liability/

If any one of the conditions is not met, then there is no liability to be passed.
You also have other defence points - such as did the signage form a contract with the driver in the first place (many don't), did the PPC have the right to operate on that land (surprisingly many don't!)

If you wish to PM me, I can help deflect this for you via email.

Sushi

854 posts

148 months

Tuesday 19th November
quotequote all
Northern Parking Services?
We just received a "letter of claim" for a ticket which we have proof was payed back in 2017

Buster73

Original Poster:

3,589 posts

101 months

Tuesday 19th November
quotequote all
Sushi said:
Northern Parking Services?
We just received a "letter of claim" for a ticket which we have proof was payed back in 2017
Yes Sushi it is NPS

Speaking to a pal this morning, his company has been sent 5 letters of which he has no previous correspondence either.

Buster73

Original Poster:

3,589 posts

101 months

Tuesday 19th November
quotequote all
S11Steve said:
It depends on who issued the original charge, what it is for, where it occurred and what has happened so far.

At this stage, you only need to reply asking for more details on the above, and try to obtain a copy of the Notice to Keeper that should have been sent.

We have received quite volume of these "fishing" letters recently for our rental fleet - old tickets that we have no prior knowledge of that are now being chased by debt collectors. It transpires that many were windscreen tickets that the driver did appeal in the first instance, but it was rejected. The parking companies have continued to chase the driver, but if they get no joy, they turn their attention to us as RK, and claim we are liable.

Keeper Liability has a number of conditions that have to be fulfilled, the vast majority of PPC fail to do this - there is a bit more reading about that aspect here - https://www.parkingcowboys.co.uk/keeper-liability/

If any one of the conditions is not met, then there is no liability to be passed.
You also have other defence points - such as did the signage form a contract with the driver in the first place (many don't), did the PPC have the right to operate on that land (surprisingly many don't!)

If you wish to PM me, I can help deflect this for you via email.
Yhm.

Buster73

Original Poster:

3,589 posts

101 months

Wednesday 20th November
quotequote all
Great help from Steve , helping out another PH’r from the other end of the country.

Tremendous stuff.