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#Post#: 4983--------------------------------------------------
Re: Cardiff County Council. Crystal Glen, Llanishen. (52m)
failing to comply with a prohibition on certain types of vehi
DIR By: Pastmybest
Date: September 12, 2023, 3:49 am
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Act quickly inform you manager that you intend to appeal and
that Days need to make representations on the grounds that they
are a hire company the PCN,s will then be reissued in the name
of the council and they can authorise you to act in the matter
of these PCN's
Unless you are contractually obliged to pay parking fines they
cannot force you too
#Post#: 4989--------------------------------------------------
Re: Cardiff County Council. Crystal Glen, Llanishen. (52m)
failing to comply with a prohibition on certain types of vehi
DIR By: zemanzdenek
Date: September 12, 2023, 4:42 am
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Thank you for the replies.
[member=17]MMV Redux[/member] in regards to the Appellant and
Respondent do I need to have these PCN's in my own name. Also
does the delay on the experimental order help me in anyway?
[member=156]Pastmybest[/member] I have informed him I would be
appealing when the first two came through and he just said it
was worth a try. So I need to contact my manager again and
inform him that I am appealing, I can cc the transport officer
into the email who received the PCN from Days and have them
contact about representations and have the council reissue the
PCN in my name?
I'm unaware of my contract stating we have to pay fines but I
will look into today waiting for a call back regarding that
issue but here the department receive the PCN's etc and they are
paid by whoever is driving the vehicle.
Reading through the last two PCN's the they have been issued
directly to Cardiff Council instead of Day's then passed to my
department then onto me, do I request Representations from
Cardiff Council to then have it put in my name?
The last two PCN's are for the exact same time and date which I
am confused by, how has this happened?
Thank you all, sorry for the diatribe!
#Post#: 4994--------------------------------------------------
Re: Cardiff County Council. Crystal Glen, Llanishen. (52m)
failing to comply with a prohibition on certain types of vehi
DIR By: Pastmybest
Date: September 12, 2023, 5:39 am
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Only the recipient of the PCN may make representations and is
responsible for payment if non are made the hire company pass
liability to the council by way of representation that they are
a hire co the council then receive a PCN in their name.They can
pass it on to you with their authority to challenge on their
behalf but it is still in their name
What you have to get too before it,s to late is that authority
to make representation in the councils name
If they do not give it they have denied your right to justice
via a hearing which could cause problems for them
#Post#: 4995--------------------------------------------------
Re: Cardiff County Council. Crystal Glen, Llanishen. (52m)
failing to comply with a prohibition on certain types of vehi
DIR By: zemanzdenek
Date: September 12, 2023, 5:42 am
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I'm pretty slow as you can see can you give me a brief step by
step how I proceed with that action?
Contact my manager and transport officer with the above
information?
#Post#: 4999--------------------------------------------------
Re: Cardiff County Council. Crystal Glen, Llanishen. (52m)
failing to comply with a prohibition on certain types of vehi
DIR By: guest17
Date: September 12, 2023, 6:22 am
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OP -- We need more detail and probably more input from members
before you take any further action. I am not too sure of the
suggestion from PMB that you take it on yourself to action the
PCNs.
Some questions for clarity:-
How are you in possession of the PCNs?
Does your contract of employment specify that you, as a driver
of a Council leased vehicle, are responsible for paying traffic
and parking fines?
Are you given a particular vehicle or one from a number?
Do you keep the vehicle at home outside shifts?
Are you in a trade union?
It seems the process is the wrong way round--the lease company
passes the PCNs to your manager to sort out----rather
than----the lease company formally declares themselves to be a
leasing company and then provides the enforcement authority (the
Council) with details of the hirer/lessee (the Council).
With the last scenario we have a closed loop---the Council
cannot enforce against itself so you are in the clear.
In the first scenario I am trying to work out the vehicle's
"keeper" and if you have any responsibility whatsoever for
payment.
With regard to PMB's suggestion perhaps if you do nothing the
next demand to the leasing company will draw out the name of the
hirer/lessee but,as I said, wait for other views.
Mike
#Post#: 5002--------------------------------------------------
Re: Cardiff County Council. Crystal Glen, Llanishen. (52m)
failing to comply with a prohibition on certain types of vehi
DIR By: zemanzdenek
Date: September 12, 2023, 6:44 am
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Hi Mike,
In regards to your questions:
1) The PCN came via email to me. The first PCN was originally
sent to Days as they are the owner of the vehicle who forwarded
it to transport services who then forwarded it to my department
manager who passed the email to me.
2) I do not believe it does but I've been waiting to hear back
from my union to confirm.
3) I'm given this particular vehicle.
4) I keep the vehicle after shifts/overnight
5) yes I am waiting still to here back from them.
Thank you for your help. I know my direct manager is really
unhappy with this as stated in the screenshot post above and
just wants it paid rather than allow me to at least appeal the
PCN.
#Post#: 5036--------------------------------------------------
Re: Cardiff County Council. Crystal Glen, Llanishen. (52m)
failing to comply with a prohibition on certain types of vehi
DIR By: ivanleo
Date: September 12, 2023, 6:25 pm
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--- Quote from: MMV Redux link ---
>
> Well if the lessee of the vehicle is the Council, as one body
corporate, it cannot be both Appellant and Respondent and seek
to pursue itself for these Penalty Charge Notices.
>
--- End Quote ---
That won't stop them from trying, Islington even pursued a costs
order against itself:
London Borough of Islington v London Borough of Islington
(2070232277, 13 September 2007)
HTML https://drive.google.com/uc?id=1tCEsTZWLul0IDx8qYPN5AbHSveuMfAoI
London Borough of Redbridge v London Borough of Redbridge
(2180449206, 03 October 2018)
HTML https://drive.google.com/uc?id=1hEDqTqz4yaxppHtoQCCMB-p7Ctp-4vKJ
London Borough of Redbridge v London Borough of Redbridge
(2200498773, 14 January 2021)
HTML https://drive.google.com/uc?id=1WDblyirQphVknnLP5GBSVEWxpVWrGwDZ
London Borough of Southwark v London Borough of Southwark
(2200544462, 05 March 2021)
HTML https://drive.google.com/uc?id=10uNhViRLq4YCirHyP1HSlv-pH4OF9puD
#Post#: 5037--------------------------------------------------
Re: Cardiff County Council. Crystal Glen, Llanishen. (52m)
failing to comply with a prohibition on certain types of vehi
DIR By: ivanleo
Date: September 12, 2023, 6:38 pm
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All the PCNs are sitting at £35 at the moment, which is frankly
a bit odd.
I suggest you contact Days and ask them if they've appealed the
PCNs on the hire company ground. If they have, ask if they've
received a Notice of Acceptance or some other correspondence
confirming liability has been transferred.
If Days have not taken any action yet, instruct them to
challenge all three PCNs on the hire company ground, requesting
that liability be transferred to the leasee.
Please report back urgently, whatever the situation is there
will be follow-up actions for you.
#Post#: 5038--------------------------------------------------
Re: Cardiff County Council. Crystal Glen, Llanishen. (52m)
failing to comply with a prohibition on certain types of vehi
DIR By: zemanzdenek
Date: September 12, 2023, 6:40 pm
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Ok, do I contact Days directly myself as all correspondence goes
through our transport department to Days as they hire the
vehicles?
#Post#: 5047--------------------------------------------------
Re: Cardiff County Council. Crystal Glen, Llanishen. (52m)
failing to comply with a prohibition on certain types of vehi
DIR By: zemanzdenek
Date: September 13, 2023, 4:54 am
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What is the recommended plan of action with this?
Transport services are on strike currently and that who I would
have to go through them as I have no contact with Days or the
hiring of vehicles, I'm assigned a van and keep it overnight.
Thank you
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