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#Post#: 56737--------------------------------------------------
Re: Havering, Parking in a suspended bay - Branfill Road,
Upminster
DIR By: ixo
Date: February 5, 2025, 8:37 am
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My wife is the registered keeper of the vehicle.
Does this affect how things proceed from here?
From earlier posts on this thread I had expected that the
initial appeal would be rejected routinely by the council.
Should this happen then should further appeals be in her name?
#Post#: 56745--------------------------------------------------
Re: Havering, Parking in a suspended bay - Branfill Road,
Upminster
DIR By: fraser.mitchell
Date: February 5, 2025, 9:17 am
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--- Quote from: ixo link ---
>
> My wife is the registered keeper of the vehicle.
> Does this affect how things proceed from here?
> From earlier posts on this thread I had expected that the
initial appeal would be rejected routinely by the council.
Should this happen then should further appeals be in her name?
>
--- End Quote ---
If you want to continue to pursue the matter, then you wait for
the Notice to Owner. You will need to get a letter of authority
from your wife for you to act on her behalf at that stage and
onwards to adjudication if you get that far
#Post#: 56787--------------------------------------------------
Re: Havering, Parking in a suspended bay - Branfill Road,
Upminster
DIR By: ivanleo
Date: February 5, 2025, 12:39 pm
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--- Quote from: Incandescent link ---
>
> If you want to continue to pursue the matter, then you wait
for the Notice to Owner. You will need to get a letter of
authority from your wife for you to act on her behalf at that
stage and onwards to adjudication if you get that far
>
--- End Quote ---
If you're making representations online then as long as you have
her consent, you can just put her name in the relevant boxes on
the council website, there's no way they could even know.
#Post#: 62199--------------------------------------------------
Re: Havering, Parking in a suspended bay - Branfill Road,
Upminster
DIR By: ixo
Date: March 12, 2025, 4:44 pm
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Slight senior moment on my part, my wife is not the registered
keeper of the car which I indicated in a previous post. The car
is leased so the registered keeper is the leasing company. When
I submitted the appeal to the council on 04 Feb 2025 I did so in
my own name.
I have just had an email from the council rejecting my initial
appeal. The rejection letter is at the following links:
HTML https://imgur.com/a/K2jXda9
HTML https://imgur.com/a/zZIE9dx
Would appreciate advice on how to proceed from here.
#Post#: 62214--------------------------------------------------
Re: Havering, Parking in a suspended bay - Branfill Road,
Upminster
DIR By: ivanleo
Date: March 12, 2025, 5:34 pm
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Contact the hire company, warn them that the Notice to Owner
will be coming, and ask them to make a representation requesting
a transfer of liability. The council will then reissue the
Notice to Owner to whoever has leased the vehicle, either you or
your wife.
As the discount is off the table, there's no point in paying
now.
#Post#: 68814--------------------------------------------------
Re: Havering, Parking in a suspended bay - Branfill Road,
Upminster
DIR By: ixo
Date: April 26, 2025, 10:20 am
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Has been a little while since any communication to report. I did
contact the leasing company a while back to ask for transfer of
liability but got no response.
Have just received an email from leasing company with two
attachments uploaded at the following links (I have removed
personal info and references from the uploads):
Havering Letter:
HTML https://imgur.com/a/h93deRj
[page 01]
HTML https://imgur.com/a/2v41rl7
[page 02]
HTML https://imgur.com/a/1aedjQa
[page 03]
HTML https://imgur.com/a/PY9mO7y
[page 04]
Leasing Company letter:
HTML https://imgur.com/a/5tZZ7Sw
[page 01]
HTML https://imgur.com/a/rIrqmhn
[page 02]
The letter from Havering to the leasing company is dated
14/04/2025 and the letter from the leasing company to me is
dated 26/04/2025, so the 28 day deadline to respond has been
eaten into a little.
The letter from the leasing company states the following:
"We have given your details to the relevant issuer transferring
liability of this parking charge notice to you. The issuer will
now contact you directly."
Although the leasing company letter states that they "have
attached a Third Party Authorisation letter", they did not
include any such authorisation letter in their email.
There doesn't seem to be much time remaining to appeal, but am
slightly confused if I am able to do so without a third party
authorisation letter.
I would be very grateful for further advice on how to proceed
from here.
#Post#: 68837--------------------------------------------------
Re: Havering, Parking in a suspended bay - Branfill Road,
Upminster
DIR By: stamfordman
Date: April 26, 2025, 1:28 pm
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You can't do anything until you have a notice to owner in your
name. You need to ensure the lease firm gave the correct name
and address to Havering.
#Post#: 68886--------------------------------------------------
Re: Havering, Parking in a suspended bay - Branfill Road,
Upminster
DIR By: ivanleo
Date: April 27, 2025, 6:26 am
---------------------------------------------------------
The hire company has challenged the NTO on the ground that
they're a hire company and you had hired the vehicle, so now you
just need to wait for the council to cancel the NTO to the hire
company and issue a new one in your own name. You will then have
28 days from the date of service of that new Notice to Owner to
make representations.
#Post#: 69217--------------------------------------------------
Re: Havering, Parking in a suspended bay - Branfill Road,
Upminster
DIR By: ixo
Date: April 29, 2025, 9:25 am
---------------------------------------------------------
I was concerned that the letter from Havering Council to the
hire (leasing) company says they (as vehicle owner) are legally
responsible and shouldn't pass on the PCN to the person driving
the vehicle, and at the same time the amount payable is being
increased as time goes on.
I was also worried I had perhaps interfered with the correct
process since I submitted an appeal directly to Havering at the
start of the process before any Penalty notification was
transferred to my name.
If the Penalty notification to the leasing company is cancelled
and a new one issued in my name presumably that will mean the
whole process is reset to start and I will need to resubmit an
initial appeal to HAvering?
Thanks again for all guidance on this.
#Post#: 69250--------------------------------------------------
Re: Havering, Parking in a suspended bay - Branfill Road,
Upminster
DIR By: ivanleo
Date: April 29, 2025, 12:59 pm
---------------------------------------------------------
--- Quote from: ixo link ---
>
> I was concerned that the letter from Havering Council to the
hire (leasing) company says they (as vehicle owner) are legally
responsible and shouldn't pass on the PCN to the person driving
the vehicle, and at the same time the amount payable is being
increased as time goes on.
>
--- End Quote ---
That wording is intended to avoid situations where someone has
lent a car to their friend and hands the NTO to their friend to
deal with, for hire companies the situation is legally
different.
--- Quote from: ixo link ---
>
> If the Penalty notification to the leasing company is
cancelled and a new one issued in my name presumably that will
mean the whole process is reset to start and I will need to
resubmit an initial appeal to HAvering?
>
--- End Quote ---
That's exactly right, once you have a new Notice to Owner in
your own name you can submit your own representations.
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