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I have been called in by my boss today and presented with the attached....how is the best way to deal with this please ?

My boss wants me to pay...

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-company vehicle?

If so is the co a ltd co or proprietorial?

 

If the former then Athena cannot use the POFA to claim a bean and your boss doesnt have to name anyone as the driver.

 

A company is not a PERSON so no keeper liability.

If it is not a Ltd then you will need to read a few threads to get a feel of what information we need to help you and then tell us about the event including all dates and correspondence.

 

in the meanwhile tell your boss not to pay it until the advice has been formulated for you.

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Need help or advice please.

Boss called me in today and gave me the attached 'letter'

How should I proceed ?

The company is a limited company.

I may have overstayed 20 mins, it was not busy

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READ WHAT I SAID,

 

I asked for all of the dates times what correspondence has been received and when it arrived, where the site was etc. We cant guess.

 

As also said the van is owned by a ltd co so there is no keeper liability as the POFA only allows named people to be liable.

 

That may not stop Athena trying it on and it also requires you boss to have a willingness to not crumble and pay up if they get heavy

( they will tell lies to earn a few quid so dont think it will go away after just one letter)

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The only letter we have is this..they say it occurred on 05/11/2016..It was a car ...not a van...Site Liverpool Lidl...no time on this letter....just date 05/11/2016

The car is a company car, owned by the LTD company

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so when did your compay receive the letter? Did they just pass it on to you or did they tell Athena that you were driving.

Address and postcode for the Lidl, we google streetmap it to look at the entrance signage etc and just Liverpool is a bit vague. i asked you to read other thread to get a feel of what information we need to be able to offer advice. we dont want to give bad or misleading advice so you have to tell us everything, where what time, what the demand is for,etc. A picture of the letter would be best along with you teling us what has happe`ned so far about any response by anyone to athena.

The letter you show is not the NTK so did your boss receive a letter before this. The leeter youposted has no meaning at all as far as the law goes.

Anyway, it will be down to your boss as to whetehr he wants to tell them to foff or pass the matter over to you. I would suggest that you get him to come here and post on your thread so we can ask about his feelings on how he wants to proceed.

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Our company came back to work on 3rd Jan 2017.

It must have arrived yesterday. (4th)

There has been no correspondence with the sender in any way.

Its my car reg, so its mine.

I have read the forums before, and have noticed people saying about photos etc, this is the only letter.

The post code for the Lidl is L3 8JN.

There are two ways in and out, one off London Road, and one off Oakes Street. I have used both !!

I have removed the pcn number, the date at the top is 03/01/2017

Parking Incident Lidl Liverpool 05/11/2016 and the car reg

At the top it says Final Demand.

 

 

My boss has asked me to 'sort' it...But I can go back and give him evidence that it is not enforceable and the company will not suffer and CCJ etc....He will be willing to tell them to go away...or just ignore it...

Its just what do I do ..?

 

 

Again thank you for your advise

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You cannot "sort it", your boss has to.

There are procedures that the parking co have to follow and in this case yhey have to send a notice to the keeper of the vehicle within 14 days after the date of the event so the NTK should have been on his desk by the 20/11/16.

This is not the NTK so you will have to ask him about it. If it was late then HE can tell Athena to get lost as no keeper liability will have been created because they cant follow the protocols of the POFA to create one. He can also tell them that a Ltd company is not a person as described and required under the POFA for keeper liability so they can only pursue the driver at the time and that person has not been identified so they should desist from any further communication or risk being sued themselves for a breach of the DPA.

Get him to write this if thre has been no other letters, Athena are rubbish at complying so they probably didnt send one.....

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OP, I don't understand your line "It's my car reg, so it's mine". If you are implying that you are the registered keeper of the vehicle in question, what the **** has it got to do with your boss, the company, or anyone else?

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It is my company car, I do not own it, I drive it...but there again it is also driven by other members of staff when needed...

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so we still need to know when you boss got the NTK if at all. If he didnt get the NTK within the prescribed time then they cannot claim anything from the keeper ( and in your case the keeper isnt a person so they cant anyway)

 

We are trying to help you but getting information from you is like pulling teeth. It would be simpler if you could show this thread to your boss and then he can decide if he wants to fight it (the parking co's take little notice of the law's niceties so it is always a long haul), tell the company you were driving and drop the whole lot in your lap and we can advise accordingly or do nothing and end up being chased in court by these bandits when they have no claim to make.

 

I would prefer the former as the rebuttal of the claim is much stronger and the repercussions for the parking co as far as costs go much greater if they are stupid enough to continue.

 

Until the decision of who is going to take this on is communicated to us we cannot advise you because as yet is has nothing to do with you.

Edited by honeybee13
Paras.

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ericsbrother.

As I have previous stated, this 'final demand' is the only letter we have received.

We are not a massive company.

Any letters arriving would have been either passed to me directly or my boss.

The person who opens the post sits 10 feet away.

 

 

Given that the date was a Saturday, there is little chance of anybody else driving the car but me.

 

 

I am ok with admitting I was the driver, and letting them chase me...

The boss does not want the bother of these jokers taking us to court and the chance of a CCJ on the company.

 

 

I only get access to the WWW in work, so sorry

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YOU CANT DO ANYTHING, THE LETTER IS ADDRESSED TO THE COMPANY SO YOUR BOSS HAS TO EITHER TELL THEM TO GET LOST OR HE HAS TO SAY YOU WERE DRIVING OR COUGH UP HIMSELF.

I know what I would do in his shoes but many people are too scared to take the matter up. It is a piece of cake to fight this but he will have to say the right things. We can write it all down here for him to copy out into a letter but we cant come round to his house and post it for him.

You clearly havent spoken to him about the whys and wherefores and trying to advise people via chinese whispers is nigh on impossible. If he isnt interested then he should just pay up and decide if he wants to ask you for the money. The parking co dont particularly care who pays them as long as someone does but if you pay without having the right paperwork they may well be back again asking for payment from your boss. You are not dealing with honest people

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ericsbrother

my boss has just sat and read all the thread....

what should he say ?

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OK, now hopefully we can get somewhere.

A bit of preamble first... Under Schedule 4 of the Protection of Freedoms Act 2012 a parking co (or even an individual) can issue a claim for monies due as a result of a parking event so either a contractual sum or damages fro breach of contract. The law hasnt changed to this respect but to do so and to additionally claim keeper liability when the driver at the time is unknown (they couldnt do this previously, just the driver) they have to follow certain procedures regarding the notification of the driver and/or the keeper of the vehicle at the time. In your case ANPR cameras will ahve been used so paras 9 and 9 of the POFA are the most relevant and this means that the parking co has to issue the NTK within the 12 days after the day of the event and make sure it is served within 14 days. If they fail to do this they cannot create a keeper liability, just invite the keeper to name the driver at the time and normal contract law will then apply. this NTK must also contain certain information laid out in a way that is very specific.

So, to your bosses case.

The letter wasnt sent within the time allowed by the POFA so no keeper liability created. The notice sent does not carry the necessary information to be considered a NTK and the protocols of the POFA are not adhered to as far as content goes as well so again no keeper liability can be created. In any case the POFA refers to "persons" and as the keeper is a limited company again no keeper liability can exist. Therefore Athena should refer the matter to the driver at the time, who is unknown.

Your boss should write to them and say this and nothing else. he should not indicate that he knows who was likely to be driving, he should not try to mitigate anything by saying stuff like it is unfair or it was only a few minutes over or event mention any detail about the event at all. They may well respond and say that they think it was him or that he must know and is obliged to tell them or pay up himself, all of these things are untrue. if they do continue to write he has the right to sue them for breaching the Data Protection Act as they know that they have accessed the DVLA database without a lawful reason. Athena are rubbish at doing things on time so usually make a bit of noise then go away. he should not enter into further correspondence if they do start demanding things, the only thing we say take notice of is a court form but Athena arent that brave (or daft, perhaps)

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