Parking Eye Fine when staying in Hotel - Details entered |
Parking Eye Fine when staying in Hotel - Details entered |
Mon, 4 Feb 2019 - 21:02
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#1
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Member Group: Members Posts: 17 Joined: 4 Feb 2019 Member No.: 102,277 |
Hi All,
Just had a fine come through from the lease company for a company car. It's from the Crowne Plaza in Manchester Airport. The Driver was staying overnight and registered the Car Reg on check in as the Driver normally does. The Driver left about an hour later to nip out and grab some dinner - The Driver received a fine for staying in the car park for 57 minutes, but have not received a fine through for staying the whole night - The Driver left at 0730 the next morning! The Driver has contacted the hotel and they've came back with the following: Good Evening Mr. X I have spoken with my manager and unfortunately due to the fact you have not entered your registration in one of our tablets and seemingly not paid for parking; you will have to pay the fine. You are still able to go through the appeals process which is detailed on the fine. Thank you very much. Please let me know how the driver can go about appealing this one. The Driiver has decided to make a stand against parking fines as this driver routinely gets at least 2 or 3 a month due to the nature of my work. This post has been edited by Dec_NE: Mon, 4 Feb 2019 - 23:06 |
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Mon, 4 Feb 2019 - 21:02
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Sat, 9 Feb 2019 - 17:40
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#21
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Member Group: Members Posts: 10,695 Joined: 23 Apr 2004 From: Not in the UK Member No.: 1,131 |
And there was nothing else in the envelope?
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Sat, 9 Feb 2019 - 17:42
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#22
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Proceeding normally and as expected. With that notice to hirer did you get copies of the hire agreement and the original PCN. If not I'll post up an appeal for you.
Interested to know how they put your details on there. This post has been edited by ostell: Sat, 9 Feb 2019 - 17:44 |
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Sat, 9 Feb 2019 - 17:46
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#23
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Member Group: Members Posts: 17 Joined: 4 Feb 2019 Member No.: 102,277 |
And there was nothing else in the envelope? No, Just a single A4 sheet. Proceeding normally and as expected. With that notice to hirer did you get copies of the hire agreement and the original PCN. If not I'll post up an appeal for you. Interested to know how they put your details on there. No, simply just the single A4 Sheet in an envelope. By how they put my details - do you mean the format of the details they have. The have put the correct name, and address is correct also. |
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Sat, 9 Feb 2019 - 17:52
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#24
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Sorry, I was just wondering who gave them your name. Not important.
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Sat, 9 Feb 2019 - 17:55
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#25
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Member Group: Members Posts: 17 Joined: 4 Feb 2019 Member No.: 102,277 |
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Sat, 9 Feb 2019 - 18:09
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#26
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Member Group: Members Posts: 10,695 Joined: 23 Apr 2004 From: Not in the UK Member No.: 1,131 |
A simple appeal saying they haven't complied with Section 14 of Schedule 4 of POFA 2012 will suffice in this case.
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Sat, 9 Feb 2019 - 18:15
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#27
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Member Group: Members Posts: 17 Joined: 4 Feb 2019 Member No.: 102,277 |
A simple appeal saying they haven't complied with Section 14 of Schedule 4 of POFA 2012 will suffice in this case. I have the below from the previous page on this thread as this has came through to the driver i'm assuming the bits in bold are no longer applicable to the appeal? Sirs Ref PCN xxxxx VRM yyyyyy We are the hirer/keeper of the above vehicle and am in receipt of the PCN you issued. We have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to supply the additional documents mandated by section 14 (2) (a) of the Act. You cannot therefore transfer liability from the driver at the time to us, the hirer keeper. There is no legal requirement to identify the driver at the time and we will not be doing so. You will, no doubt, be aware that as a body corporate we could not possibly have been driving. Any further communication with us on this matter, apart from confirmation of no further action and our details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct. Yours etc. |
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Sat, 9 Feb 2019 - 18:45
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#28
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
I modified that to suit a response by a company.
Hang on a tick and I'll repost it for an individual. Need to get to the desktop, it's not so simple doing a cut and paste on the tablet. Send first class and get a free certificate of posting from a post office. Send so that it arrives on day 19 from the date of the NTH. This stops them reissuing a compliant NTH within the relevant period of 21 days. You will note that they say that they have copies of the agreement etc. Tough, they might have copies but those copies need to be sent to you. Sirs Ref PCN xxxxx VRM yyyyyy I am the hirer/keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to supply the additional documents mandated by section 14 (2) (a) of the Act. You cannot therefore transfer liability from the driver at the time to me, the hirer keeper.. There is no legal requirement to identify the driver at the time and I will not be doing so. Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct. Yours etc They will refuse your appeal and give you a POPLA code. An appeal to POLA with a POFA fail should win. You may get letters asking that you name the driver. Ignore. Now this has all panned out in the way expected then you now know what your response should be to any PCN by any PPC. Perhaps you could tell your transport department about this. May help other employees. It takes the patience to sit and wait for the second PCN the Notice to Hirer to arrive and then wait to appeal at the correct time. This post has been edited by ostell: Sat, 9 Feb 2019 - 19:02 |
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Sat, 9 Feb 2019 - 19:00
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#29
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Member Group: Members Posts: 17 Joined: 4 Feb 2019 Member No.: 102,277 |
I modified that to suit a response by a company. Hang on a tick and I'll repost it for an individual. Need to get to the desktop, it's not so simple doing a cut and paste on the tablet. Send first class and get a free certificate of posting from a post office. Send so that it arrive on day 19 from the date of the NTH. This stops them reissuing a compliant NTH within the relevant period of 21 days. Sirs Ref PCN xxxxx VRM yyyyyy I am the hirer/keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to supply the additional documents mandated by section 14 (2) (a) of the Act. You cannot therefore transfer liability from the driver at the time to me, the hirer keeper.. There is no legal requirement to identify the driver at the time and I will not be doing so. Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct. Yours etc They will refuse your appeal and give you a POPLA code. An appeal to POLA with a POFA fail should win. You may get letters asking that you name the driver. Ignnore. Thank you so much - appreciated! When you say day 19. Can I just confirm - The PCN was issued on 07.02.2019. 19 days including the 7th as day 1, means the 25.02.19 to send the Appeal? Should I appeal via letter or online or is it all much of a muchness. |
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Sat, 9 Feb 2019 - 19:33
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#30
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
26th 7th is day 0.
Any method of delivery you like as long as it doesn't get there too early and allow them to reissue and not too late to give them a chance to refuse to handle the appeal. If you use their web page then take screen prints as you go and make sure you state you are the keeper, be careful of the driver default |
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