who is liable for pcn

[DriverUK]

A courtesy car was dropped of to a friend whose car was going in for an insurance repair; the courtesy car arrives 2 days early. The delivery agent delivers it/parks with 2 wheels on the kerb (this is a contravention). The car is checked over and signed for. Neither delivery driver nor friend knew it was parked illegally, as the car came early the friend continues to use there own vehicle until the insurance repair comes to take it away approx 2 days later. However the day the courtesy car is delivered on to kerb at 2.45pm, at 20.20pm same day a ticket is issued. As the delivery driver committed the contravention and the car also belongs to the courtesy car company, they should pay. They are saying that once you sign for it it’s your liability even if they park in a contravention.

Any ideas?

Who should pay, why my friend should pay they neither own the car or committed the contravention and the ticket is £100 reduced to £50 if paid in 14 days.

Should she ignore ticket and let company deal with it?

[Bernie_the_Bolt]

What does the signed documentation say?

[DriverUK]

It states that if you sign their agreement you will be liable as the owner for any offences when it is stationary or a fixed penalty notice is issued.

Any excess charge incurred under section 35-36 of the road traffic act.

But, my friend was not asked to read or sign this as they arrived with only an electronic organizer which showed only pictures of car as far as dent scratches are concerned, and then asked to sign the screen. A few days later the document arrived with scanned copies of digitized signature under PCN notices etc etc they never read and signed that on the organizer.

Is this legal and binding

[Bernie_the_Bolt]

Later addition: Sorry by "you" I of course mean "your friend" etc.

 

OK. I reckon you could try arguing that legal liability is still with the with the owner if you can argue that the owner is not a hire company. The owner will tell you that you have a contractual obligation to reimburse them. You argue that the alleged contractual obligations are excluded by UCTA - Unfair Contract Terms Act.

 

In practical terms here's what I would do in this position (see proviso below):

 

1) Keep a copy of both sides of the PCN

 

2) Write as follows:

 

Dear Sirs:

 

Re Car Reg No:

 

This courtesy car was delivered to me on dd mm yyyy. I signed to confirm delivery and the condition of the car. I was not made aware of any contractual terms and I was not given a copy of any contractual terms, they arrived by post later.

 

I deny that these contractual terms apply to me.

 

When your driver parked, he parked in a way that contravened applicable laws and/or regulations. As a result it received the enclosed penalty charge notice (PCN). I had not diven the vehicle in the intervening period. I deny that, if this is a lawfully drafted and lawfully issued PCN I have any liability for it.

 

If you decide to not to pay at the discounted rate and it is held that I have a contractual or other liability for the PCN then my liability is limited to the discounted rate and you agree to indemnify me for any excess.

 

If you pay the PCN at any stage and I receive a credible opinion that the PCN is invalid and if it is held that I have a contractual or other liability for the PCN then my liability is limited to the discounted rate.

 

The statements made in the preceeding two paragraphs are given without prejudice to my right to defend any and all liability.

 

Yours faithfully

 

PROVISO

 

If you send the above, you may need to find another garage.

I would first speak to the garage and negotiate. They may agree to split it.

[Guest wino]

I'd say that your friend was liable. he signed to except responsibility for the car (and agreed to all the small print that none of us ever see until it's in the companies intrest to point it out!! )

 

I would write to the car company requesting as a matter of good faith if they would cover the cost of the ticket as it was their driver who had parked illegally. You could send a copy letter to the insurance company as they are the ones who enlisted the services of the courtesy car company. But deep down I think that your friend will be left to pay. Good luck and let us know how he gets on

[Guest wino]

Bernie The Bolt got in before me. He seems to know what he's on about. I take back all I said and now I would take Bernies advice. Go get em tiger!!

[DriverUK]

Well i like 'Bernie_the_Bolt' way the most, so i am gona forward this on and see how we do, I will let you all know of the outcome!

 

Thanks bernie great reply.

[Lewisham Resident]

I used bernie letter and my friend never heard another thing about this bernie is a star...

 

really cool

 

Thanks bernie