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#Post#: 47399--------------------------------------------------
Euro car park fine
DIR By: Wolves123321
Date: November 28, 2024, 4:39 am
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Hi all. Hirer recieved fine for parking at euro car parks retail
park. 4.5 hours parking time between 7.30 and 22.30. Hirer
arrived for work at 7.07 left at 9.36. Before above hours
drivers are only permitted to park for 10 minutes. Recieved pcn
and on picture of entry reg is not visible at all not even one
letter. What is the best course of action for this?
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#Post#: 47421--------------------------------------------------
Re: Euro car park fine
DIR By: b789
Date: November 28, 2024, 5:51 am
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Is that Notice to Keeper (NtK) addressed to you or is it a copy
of the one sent to the hire/lease company? It is very important
to make the distinction. If the hire/lease company has
transferred liability as instructed on the NtK, then ECP has to
send you a Notice to Hirer (NtH) in your name.
If it is not addressed to you, you cannot do anything and you
need to check with the hire/lease company that they have
transferred liability to you, the Hirer as required by PoFA if
they want to absolve themselves of any liability.
Otherwise, if it is addressed to the hirer, follow these
instructions:
Easy one to defeat... as long as the unknown drivers identity is
not revealed. There is no legal obligation on the known hirer
(the recipient of the Notice to Hirer (NtH)) to reveal the
identity of the unknown driver and no inference or assumptions
can be made.
The NtH is not compliant with all the requirements of PoFA which
means that if the unknown driver is not identified, they cannot
transfer liability for the charge from the unknown driver to the
known Hirer.
Use the following as your appeal. No need to embellish or remove
anything from it:
--- Quote ---
> I am the Hirer of the vehicle and I dispute your 'parking
charge'. I deny any liability or contractual agreement and I
will be making a complaint about your predatory conduct to your
client landowner.
>
> As your Notice to Hirer (NtHK) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the Hirer
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. ECP has relied on contract law allegations of
breach against the driver only.
>
> The Hirer cannot be presumed or inferred to have been the
driver, nor pursued under some twisted interpretation of the law
of agency. Your NtH can only hold the driver liable. ECP have no
hope at POPLA, so you are urged to save us both a complete waste
of time and cancel the PCN.
--- End Quote ---
#Post#: 47443--------------------------------------------------
Re: Euro car park fine
DIR By: Wolves123321
Date: November 28, 2024, 7:53 am
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It has been recieved by the lease company who will then forward
it to drivers company. They always send it out to the fleet
manager as a heads up before transferring liability to the
company. When it comes through to the company should it then be
OK to appeal using your draft but on behalf of the company (have
permission to do so)
#Post#: 47452--------------------------------------------------
Re: Euro car park fine
DIR By: b789
Date: November 28, 2024, 8:34 am
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Yes. As long as you have your employers authorisation to appeal
on behalf of the company.
The NtH will therefore arrive to your fleet manager who must
forward it to you so that you can appeal. ECP will screw up the
process, as they and every other PPC does, by failing to include
the copies of the documents as required by PoFA paragraph 14.
This failure to include the necessary documents means that they
cannot rely on PoFA to hold the Hirer liable for the alleged
breach of contract by the unknown driver.
In 99.99% of PCNs involving a hired/leased vehicle are
considered "golden tickets" as long as the drivers identity is
not disclosed.
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