Another Berkeley Centre Sheffield

[Garethcheeseman]

Hi All,

 

I recently got one of these on my company car and after reading various forums best to appeal and ask for a POS number if required.

I only did it to cover myself but now asking for driver name. Obviously they cannot take a company to court

(Mine is a large US one anyway!!!) and i wont be giving the driver name.

 

From what i have seen it is best to never give the driver details since they cannot take anyone to court. 

 

I will advise if they try anything further and post up any further letters they send.

 

I recently got a PCN on my company car and after reading various forums heard its best to appeal and ask for a POFA number if required.

 

I understand for company cars through a leasing company the time limit is different since they submit to them first then get a PCN sent to the relevant company afterwards? They have not breeched the 14 day period with the leasing company after checking.

 

I also understand that with this the onus and legal side is different since multiple people can drive this type of car?

 

I got the bog standard template back asking for drivers details after appealing.

 

Is it still best to ignore the correspondence if keep asking for drivers details?

 

I will obviously ask for advice if anything legal looking comes through.

 

Thanks for your help

 

[Mrs O'Frog]

POFA number? I think you might mean a POPLA code?

 

As it's a lease vehicle they WILL fail to meet the requirements of POFA 2012 to be able to hold the keeper liable as they WILL NOT include the extra documents as per section 13 Here              

 

Never seen a PPC that gets section 13 right yet. Neanderthals, they can't walk and chew gum at the same time.

[Garethcheeseman]

Thanks for this. Will keep you updated if any changes.

 

Lovely profile name by the way!

[ericsbrother]

the lease company will have named you as the driver and you are perfectly entitled to deny this if you lease it as a business as only an individual can have liability for such a charge.

 

That is probably why they are asking for the driver's name as they cant successfully sue a Ltd co

 

Tell us more about the wheres and when and what you have said in your appeal.

 

We never suggest appealing as a matter of course and particularly in circumstances like yours as they are more complicated

[Garethcheeseman]

Hi Ericsbrother,

 

I sent an appeal based on the below template letter but was sent back a letter asking for the driver.

 

I substituted the parking eye with VCS.

 

"Dear Sir,

Formal Dispute: Parking Charge Notice [xxxxxx/xxxxxx], Vehicle Registration [AA11ABC]

We refer to the above Parking Charge Notice (“PCN”) issued by ParkingEye Ltd (“ParkingEye”) to our company [ABC Ltd] (“[ABC]”) in respect of an alleged contravention of the terms and conditions of parking at [Location of Incident] by the driver of the above-detailed vehicle on [Date of Incident]. We confirm that this vehicle is on long term lease to [ABC] and that [ABC] is its hirer for the purpose of Schedule 4 of the Protection of Freedoms Act 2012 (“POFA 2012”). 

We write to formally dispute the validity of this PCN for the reasons detailed 

• ParkingEye is not the landowner and does not have the standing to offer contracts to drivers nor to bring a claim in its own right and;
• the signage in the car park was not sufficiently prominent nor sufficiently clearly-worded to form a contract with the driver. 

Please provide within timescales specified under the British Parking Association Ltd Code of Practice written confirmation of ParkingEye’s acceptance that it cannot and does not hold [ABC] liable for this charge. Alternatively, should ParkingEye still believe that it has a valid claim against [ABC], please provide us with a unique POPLA reference so that we may escalate our dispute to POPLA.

Thank you for your cooperation and we look forward to receiving ParkingEye’s notification that this charge has been cancelled.

Yours faithfully,"

 

what are the next steps you would recommend?

 

[dx100uk]

await letter of claim