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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Must a PCN to owner be served on the owner?

Customer Question

Must a PCN to owner be served on the owner?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

Could you explain your situation a little more please?
Customer: replied 3 years ago.

FORJOMO1972


 


I had a PCN to owner served on me (as the company secretary), and I am not the owner of the vehicle, or (company secretary). I lease the car from Motability. I appealed the PCN to the adjudicator on the grounds that I am not the owner, and also that the council's procedure was wrong.


 


The adjudicator ruled in favor of the council, saying I had not proved I wasn't the owner. However, neither the adjudicator or the council had asked me for proof. The adjudicator also said that it is assumed that the owner is the keeper.


 


I believe the adjudicators decisions are incorrect. Am I wrong or right??

Expert:  Jo C. replied 3 years ago.

Thanks for the information.

PCNs do not run against the owner or the driver. They run against the keeper of the vehicle. I don't know whether thats fair or not but that is the law.

There are some cases covering keeper ship but generally speaking if you are the registered keeper then unless the car was in a garage and being kept by their staff or something similar to that, you are the liable person.

To that extent, I'm afraid the adjudicator was correct.

I'm very sorry if this is bad news.

Hope this helps. Please let me know if you need more information.
Customer: replied 3 years ago.

You've answered my question, thank you.

Expert:  Jo C. replied 3 years ago.
You're welcome. Please rate my answer so that I receive credit for my time. If you need further clarification this thread will remain open.

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