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LPS Ltd - PCN - Private Access Road - Delivering On Site & Vehicle Breakdown
#21
@tincombe I take your point, and you’re absolutely right that @TheParkingmeister is operating within constraints set by their employer rather than having full control of the strategy.

From what’s been outlined, the difficulty here isn’t the strength of the case but the company’s approach to risk once debt collection letters start arriving. That effectively short-circuits otherwise defensible positions.

That said, I wouldn’t necessarily agree that paying at the discounted rate is automatically the “least financial harm” option in a case like this. Where liability is genuinely in dispute — as it is here — early payment simply avoids scrutiny rather than resolving the issue. It converts a defensible claim into a paid one without testing whether the operator is actually entitled to the sum.

If the driver were prepared to see it through properly, the realistic downside risk at court is in the region of £200–£220. That’s obviously higher than the discounted sum, but it comes with the opportunity to defeat the claim entirely. Whether that risk is acceptable is ultimately a matter for the individual driver.

If it would assist, I’m more than happy to help the driver directly in understanding the position and what defending a small claim actually involves, so they can make an informed decision, although @TheParkingmeister does appear to have a good understanding of the process.

On the point about naming the driver, yes — that remains available to the registered keeper at this stage. The practical question is less about whether it can be done, and more about whether it should be done, given it shifts control (and risk) from the company to the individual.

Ultimately this comes down to appetite for challenge versus certainty of cost.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
#22
Yes, so I am an employee of the registered keeper, a limited company. I have the task of dealing with Parking Charge Notices, Penalty Charge Notices, Notices of Intended Prosecution etc. I can generally deal with them how I see fit, and have the support of the company to appeal them where liability is genuinely contested.

It is Company policy to (and in the driver contracts) that drivers pay penalty charges and parking charges incurred whilst in control of the vehicle. Whilst I am employed by the company, I'm more interested in ensuring the driver isn't charged for something they are not actually liable for. Considering the company has previously paid charges that I successfully appealed at POPLA, they are more than willing to throw money away needlessly, so why should I care.

If the company do decide to pay this, if (but probably when) it is rejected at IAS I will ensure they pay it and don't pass it onto the driver.

Ultimately, I would much rather avoid giving the parking operators anything if I can help it because they are a constant nuisance and are overreaching with these alleged charges. 

We can't even deliver to B&Q without getting a charge from Euro Car Parks for allegedly being in the car park for two hours, even though we never entered the car park and used the access road to the loading area. And we were there two hours because B&Q hadn't made space in their warehouse for the delivery (a frequent issue at many B&Q's) I appealed that with POD and it was rejected. It's actually ridiculous. I got another spot, Selco at Tottenham, that is a constant problem too, our drivers delivering there have to wait on the access road out side their yard for them to open the gate. There's now a QR code the drivers can scan inside the yard but they have to do it right away and not wait until they get the vehicle on site, or we get a charge from UKPC. So far the ones where the QR hasn't been scanned and we have received a PCN, they have been issued outside of the relevant 14 day period for POFA compliance. They'll still ask for the drivers details and reject my appeal though, and only withdraw after I submit a POPLA appeal.


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