Liverpool PCN not paid - now Charge Certificate for Company Van of Company no longer trading anymore

[dx100uk]

you needed to pay the PCN you were/are responsible for it.

what makes you think you are not, is the PCN valid?

 

dx

 

[dx100uk]

if you can prove you were not the renter of the van at the time of the PCN you need to tell them this then.

 

dx

 

[dx100uk]

so what?
still needs paying unless there is a reason the contravention code is wrong or something else.

 

you could try stating you did not receive the original PCN after, i will assume, the hire company then returned it filled out with your trading details to the council. they should have sent a new PCN to that address giving a new time period to pay the reduced sum. but if you couldn't/wouldn't have paid it anyway....

 

on the 16th may they issued the PCN

on the 1st july they issued a notice to owner.

 

dx

 

[dx100uk]

Depends if you were a sole trader or a limited company .

 

You could well be liable, same as any company debts, it's not quite as simple as walking away from everything when it folds and say not me mate 

 

Dx

[dx100uk]

not it does not die with the company AFAIK.

as you've not officially declared the company insolvent etc etc

 

read this for what is actually going on here...

 

A highway authority (usually the local authority) has the power to levy an excess charge if the parking place is covered by a Traffic Regulation Order under the 84 act. This is not a fine no matter when it is paid to the highway authority.

 

If the driver does not pay within the specified time then the highway authority has the power to start legal criminal proceedings. Only if the court imposes a fine does the payment stop being a charge.

 

A lot of highway authorities don't bother to take it to court because there's nothing in it for them. When a fine is imposed the cash goes to the court service not the highway authority.

 

IMHO if you company did not get a copy of the actually PCN,,,,, just the excess charge notice being the 1st your company knew of the parking offence you MIGHT be able to use a PE3. this should reset the PCN to its original sum, but then you MUST pay that sum.

 

 

[dx100uk]

nothing to do with the rental company!

they by law would have filled the PCN in with your details as the renter at the time and sent it back 

the issuing council should then have sent you the PCN with revised settlement dates.

 

why not go ring liverpool TOC and ask what to do?

 

dx

 

[dx100uk]

The ECN has clearly been issued as a result of a unpaid PCN. See the pdf in post 1.

 

On 29/08/2022 at 23:46, dx100uk said:

not it does not die with the company AFAIK.

as you've not officially declared the company insolvent etc etc

 

read this for what is actually going on here...

 

A highway authority (usually the local authority) has the power to levy an excess charge if the parking place is covered by a Traffic Regulation Order under the 84 act. This is not a fine no matter when it is paid to the highway authority.

 

If the driver does not pay within the specified time then the highway authority has the power to start legal criminal proceedings. Only if the court imposes a fine does the payment stop being a charge.

 

A lot of highway authorities don't bother to take it to court because there's nothing in it for them. When a fine is imposed the cash goes to the court service not the highway authority.

 

IMHO if you company did not get a copy of the actually PCN,,,,, just the excess charge notice being the 1st your company knew of the parking offence you MIGHT be able to use a PE3. this should reset the PCN to its original sum, but then you MUST pay that sum.

 

 

 

[dx100uk]

ECNS are under the RTRA 1984 - just as you quoted. Not under decriminalised Parking.

 

Hard to fight and if you fight it it goes to court.

most people pay these unless there is something glaringly wrong with signs, lines traffic order etc. that they feel confident using in court.

 

Some councils do not run decriminalised parking and use the RTF Act 1984.

 

It is not a fine or a penalty; They can chase this via County Court as a civil debt.

 

You're best off just writing a polite letter to the council explaining the circumstances.

 

[dx100uk]

on charge certificates

you can appeal.

because

you did not receive the PCN within 28days. (or not at all!)

 

see here

Charge Certificates and Orders for Recovery - Traffic Penalty Tribunal

WWW.TRAFFICPENALTYTRIBUNAL.GOV.UK

---

Charge Certificates and Orders for Recovery Charge Certificates and Orders for Recovery If a Penalty Charge Notice (PCN) remains unpaid or is ignored...

which leads too:

 

Appeal against a penalty charge notice: If you get a court order - GOV.UK

WWW.GOV.UK

---

How to appeal against a parking ticket, bus lane fine or other penalty charge notice (PCN) - and what happens if you get a charge certificate or order of...

 

which is full circle back to what i posted earlier.

 

dx 

 

 

[dx100uk]

Earlier info was posted on the assumption the letter was an ecn, it wasnt it's a CN as a result of an unpaid PCN.

the op didnt post up the letter till latter in the thread though its now in post 1 and the thread title was latterly updated.

 

he didnt get the PCN , for whatever reason.

the appeal forms should work in resetting things.

 

now if he is legally liable in relation to it, being a limited Company etc etc is another matter.

but as the OP has not legally informed as they should the correct authorities etc of the fact it folded ..... me thinks thats a dead duck.

the original offence occurred whilst the van WAS hired to his company.

 

 

[dx100uk]

threads merged.

 

i told you last august to send PE2/3 why did you not do it then??

[dx100uk]

It's nothing to do with any court??

 

Get is done

[dx100uk]

Ring the tec then.

I hope you arent going to ask me what toilet paper and how to use it next .

 

This is getting ridiculous.

 

Dx 

[dx100uk]

and?

 

dx