DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 22707--------------------------------------------------
Re: PCN Code 34J - Bus Lane Hartfield Road. Council refuses to
transfer liability to the driver ?
DIR By: slapdash
Date: May 16, 2024, 9:15 am
---------------------------------------------------------
I would love to see that happen. It is abhorrent that a consumer
can be potentially disadvantaged in this way.
It is also an enabler for authorities.
(If it just so happened that I operated a ppc I could certainly
see that I might implement an internal policy which involved me
reminding finance cos of a non settled charge as a matter of
course.)
#Post#: 23254--------------------------------------------------
Re: PCN Code 34J - Bus Lane Hartfield Road. Council refuses to
transfer liability to the driver ?
DIR By: ivanleo
Date: May 20, 2024, 3:16 pm
---------------------------------------------------------
--- Quote from: slapdash link ---
>
> I would love to see that happen. It is abhorrent that a
consumer can be potentially disadvantaged in this way.
>
--- End Quote ---
There are now a few cases on the London register where I'm
representing a lease company (in practice it's the lessor with
an LoA from the lease company), in some such cases TFL's
submissions is "but why don't you just pay the penalty and
recharge it to your customer?".
#Post#: 28408--------------------------------------------------
Re: PCN Code 34J - Bus Lane Hartfield Road. Council refuses to
transfer liability to the driver ?
DIR By: estevenin
Date: July 2, 2024, 8:33 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> Who is 'they'?
>
> If the authority, there's no provision for them dealing other
than with the RK.
>
> If the hirer, then what options are easily accessible to the
OP?
>
> I believe that in general, the fine is just passed on to the
driver for him to deal with it, and they are not used to the
council refusing to do it.
>
> Really. The person to whom the PCN and Enforcement Notices are
sent is always liable, the only role for the driver would be to
make reps on behalf of the RK, not to become the person liable.
>
--- End Quote ---
The hirer. In that very case I had no option of appeal, because
after the refusal from the council to transfer liability to the
driver, the hirer company paid directly. So yes, zero option
available to me, the driver. Had I been informed of the PCN back
in January, then yes I suppose I could have dealt with it
directly.
--- Quote from: cp8759 link ---
>
> [quote author=estevenin link=topic=1838.msg22004#msg22004
date=1715293300]
> I have phoned the hire company, and they said that after the
first challenge, they have paid it anyway. So it's game over,
there won't be any NOR coming their way.
>
--- End Quote ---
[member=1682]estevenin[/member] so they didn't have to pay it
but have chosen to do so of their own volition. Sounds like a
commercial decision by them, nothing to do with you and you
cannot be held liable.
If they ask you to pay I'd tell them to take a hike. I'll be
more than happy to act as your McKenzie friend on this one if
necessary.
[/quote]
I agree with you.
To respond to you all, I finally got my hand on the contract
(just a piece of paper with some directions really), it only
said that any PCN will be passed on to the driver for him to
deal with. Nothing more than that, nothing about they paying the
charge and pass this on.
So everyone is right, legally speaking, they would be fully
liable for this charge. Because it's never been passed on. Good
information if this happens to someone else in the future.
Thank you cp8759 for the offer, I have choosen to pay back the
hire company anyway in that case, they are not simply a hire
company, they are a claim company, my car got hit back in
december and they were taking care of providing (PCO) car
replacements, getting the costs back (of my now written off car)
from them, as well as the loss of income claim. So I did not
want to affect our commercial relationship, they have gone above
and beyond so far to get me back on the road, and it's the 2nd
time in 3 years I have to use them, and likely will in the
future.
I am not too bothered of paying them back, I am bothered that
the council got paid in the first place, for such a silly
reason, this I would be willing to fight anytime.
Thank you all for responding, had never been aware that a
council could refuse to transfer liability to the driver as I
had never experienced that before, seems like it might be the
start of a new practice for the councils, it makes their job
easier, saves them from receiving challenges and tribunal
stuff...
As CP mentionned, I'm sure this is on their mind : "but why
don't you just pay the penalty and recharge it to your customer"
Thanks again, that is now closed and I hope it can help others.
*****************************************************
Page 2 of 2
DIR Previous Page