Penalty charge notice (PCN) advice/help
Discussion
The new firm I'm working for has several vans leased to them. It's part of my job to sort out congestion charges/parking tickets/section 172s etc.
Recently we have had a load of penalty charge notices turn up from July and September last year. Because the fines have not been paid within the time limits they have added 50% for the fun of it.
We are not the registered owners of the vehicle (leased), and have not been receiving the initial charge certificates. Where do we stand with these? all four notifications were received outside 6 months (is that reasonable ?), can I simply phone the local guy up (we are on first name terms now) and tell him he'll have to whistle.
Three of the tickets were issued to a former employee whos name an address we have supplied to them, but it seems that isn't good enough because they deem us as the keeper of the vehicle despite it being with this employee 24/7.
Any advice would be welcome, it would be great to get on with some real work while I'm behind my desk.
Thanks
Phil
Recently we have had a load of penalty charge notices turn up from July and September last year. Because the fines have not been paid within the time limits they have added 50% for the fun of it.
We are not the registered owners of the vehicle (leased), and have not been receiving the initial charge certificates. Where do we stand with these? all four notifications were received outside 6 months (is that reasonable ?), can I simply phone the local guy up (we are on first name terms now) and tell him he'll have to whistle.
Three of the tickets were issued to a former employee whos name an address we have supplied to them, but it seems that isn't good enough because they deem us as the keeper of the vehicle despite it being with this employee 24/7.
Any advice would be welcome, it would be great to get on with some real work while I'm behind my desk.
Thanks
Phil
These charges are normally applied to the vehicle, not the driver.
Presumably the registered keeper on the V5 is the leasing company. If push came to shove they would have to pay the charges as I do not think anyone can be "deemed" to be the keeper, either yourselves or the actual driver/keeper.
However your leasing agreement will usually contain an indemnity for the leasing company from all such charges, so unless you have a similar agreement with the drivers themselves you will have to pay up, eventually.
The time taken is another matter, it does not seem reasonable, but then nothing about these automated fine systems is....
Presumably the registered keeper on the V5 is the leasing company. If push came to shove they would have to pay the charges as I do not think anyone can be "deemed" to be the keeper, either yourselves or the actual driver/keeper.
However your leasing agreement will usually contain an indemnity for the leasing company from all such charges, so unless you have a similar agreement with the drivers themselves you will have to pay up, eventually.
The time taken is another matter, it does not seem reasonable, but then nothing about these automated fine systems is....
PCN for parking has to be given to driver or stuck on vehicle (but does not apply to London).
If the charge is not paid within 28 days then a 'Notice to Owner' is sent by the LA/Parking enforcer to the person who they believe to be the Owner i.e. Reg Keeper in the form of a 'Charge Certificate' which if not paid within 14 days they can up the charge.
Under Road Traffic Act 1991 if driver has not coughed up then they hold the Owner totally responsible.
In your case if the driver did not advise of the issue of PCN then N2O would go to Leasing Company as owners. To get off they would send details of whom vehicle leased to together with evidence. Charge Certificate would be then sent to the persons using the vehicle.
If not paid within 14 days then LA can take action for the 'debt' to be collected through County Court action and the Baliffs later called in.
As far as I am aware there is no deadline in relation to issue of Notices like NOIP (14 days). Because it is outside the remit of the criminal law then limitation on proceedings does not apply.
For 172 form there is sufficient on this site elsewhere for you to be aware sent firstly to Reg Keeper if driver not known for reply in 28 days.
Looks as if Leasing Company have let you down in not informing you of outstanding PCN's when they were first approached. Suggest you also check the Leasing Agreement in case there is something in it as to what is to be done in relation to PCN's. eg they pay and recover from you.
dvd
>> Edited by Dwight VanDriver on Monday 10th April 16:09
If the charge is not paid within 28 days then a 'Notice to Owner' is sent by the LA/Parking enforcer to the person who they believe to be the Owner i.e. Reg Keeper in the form of a 'Charge Certificate' which if not paid within 14 days they can up the charge.
Under Road Traffic Act 1991 if driver has not coughed up then they hold the Owner totally responsible.
In your case if the driver did not advise of the issue of PCN then N2O would go to Leasing Company as owners. To get off they would send details of whom vehicle leased to together with evidence. Charge Certificate would be then sent to the persons using the vehicle.
If not paid within 14 days then LA can take action for the 'debt' to be collected through County Court action and the Baliffs later called in.
As far as I am aware there is no deadline in relation to issue of Notices like NOIP (14 days). Because it is outside the remit of the criminal law then limitation on proceedings does not apply.
For 172 form there is sufficient on this site elsewhere for you to be aware sent firstly to Reg Keeper if driver not known for reply in 28 days.
Looks as if Leasing Company have let you down in not informing you of outstanding PCN's when they were first approached. Suggest you also check the Leasing Agreement in case there is something in it as to what is to be done in relation to PCN's. eg they pay and recover from you.
dvd
>> Edited by Dwight VanDriver on Monday 10th April 16:09
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