Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: sofnet2000 on December 31, 2023, 02:08:33 pm
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There is a process to transfer liability if the vehicle is under hire/lease agreement however many hire/lease companies do not follow this process.
If the NTO is sent to your company you work for, you can make a representation on behalf of the company.
But you cannot make representation on behalf of another company like hire/lease company.
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To add to the above:
This is a company van, what is complicated?
That your only shot at this is the informal reps which I am sure will be rejected.
So:
Your employer gets the NTO
Their internal policies make incurring traffic penalties or charges a no-no. You've had many before, they're fed up and look at this as a way to dismiss you, perhaps; or
They don't know their procedural a**e from their elbow and send the NTO to you with instructions to 'get it sorted'. But you can't because you cannot submit reps in your name. So, do you draft and ask them to sign - 'I told you to get this sorted, not come back to me with excuses..' or sign pretending to be authorised and then find that a Notice of Rejection gets sent to the company who knew nothing about these reps..'
or..
The lease company gets the NTO, pays it and recharges your employer with admin costs, or
The lease company doesn't know their procedural a**e from their elbow and simply send the NTO to your company 'get this sorted'..etc etc.
When I said complicated, I meant complicated!
However, if managed properly you minimise the chances of the above.
You should find out who is the registered keeper and tell your employer that you have a PCN which you are challenging and that if it could go further you'll let them know in good time.
in this case I will have to take it on the chin and pay it, because this van is leased by VW to the company I work for, so by the time the NtO goes out it will take 3 months to reach me and I will end up paying admin fees on top of it
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To add to the above:
This is a company van, what is complicated?
That your only shot at this is the informal reps which I am sure will be rejected.
So:
Your employer gets the NTO
Their internal policies make incurring traffic penalties or charges a no-no. You've had many before, they're fed up and look at this as a way to dismiss you, perhaps; or
They don't know their procedural a**e from their elbow and send the NTO to you with instructions to 'get it sorted'. But you can't because you cannot submit reps in your name. So, do you draft and ask them to sign - 'I told you to get this sorted, not come back to me with excuses..' or sign pretending to be authorised and then find that a Notice of Rejection gets sent to the company who knew nothing about these reps..'
or..
The lease company gets the NTO, pays it and recharges your employer with admin costs, or
The lease company doesn't know their procedural a**e from their elbow and simply send the NTO to your company 'get this sorted'..etc etc.
When I said complicated, I meant complicated!
However, if managed properly you minimise the chances of the above.
You should find out who is the registered keeper and tell your employer that you have a PCN which you are challenging and that if it could go further you'll let them know in good time.
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This is a company van, what is complicated?
If you are the registered keeper, the NtO will go to you
If the company is the RK, it will go there;
If the company lease the vehicle, the NtO will go to the lease Co.
Only the RK may respond or authorise someone to respond the the NtO.
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This is a company van, what is complicated?
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OP, are you the registered keeper of the van? I ask because it's odds-on that any challenge would be rejected and therefore the keeper would be sent a Notice to Owner. If this is perhaps your employer or a lease company then matters could become more complicated procedurally.
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What we need to see are the council photos please get and post them there is a sign way up the road near the school that says in marked bays but that does not mean that is what the resolution says given the road layout
Here they are:
https://freeimage.host/i/J5F7dcg
https://freeimage.host/i/J5F7FHJ
https://freeimage.host/i/J5F7JKF
https://freeimage.host/i/J5F72Sa
https://freeimage.host/i/J5F7KAv
https://freeimage.host/i/J5F7fNR
https://freeimage.host/i/J5F7qtp
There is no sign in any of the pictures, all I can see is pictures of my van from different angles
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What we need to see are the council photos please get and post them there is a sign way up the road near the school that says in marked bays but that does not mean that is what the resolution says given the road layout
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Hello there guys,
I have received a PCN from Havering for allegedly parked on pavement, I am a bit confused because everyone on that road was parked on the pavement and it was no sign advising otherwise, I even asked the customer whom I was doing the job for and was told it was free to park.
Location is here: https://maps.app.goo.gl/PCHaTw1kDLKnUcvEA
pcn pictures :
https://freeimage.host/i/J5dTvwX
https://freeimage.host/i/J5dTkut
Pictures I have taken showing people parked:
https://freeimage.host/i/J5d57x1
https://freeimage.host/i/J5d5YWF
https://freeimage.host/i/J5d5aig
https://freeimage.host/i/J5d5RDP
All inputs are much appreciated, I have also posted in the old forum Pepipoo, not sure which one is being used.