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Parking Charge Notice on lease car
Shellster
post Mon, 13 Aug 2018 - 20:29
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I've received a letter from my lease company telling me they've received a postal PCN.

They included a scan of the letter sent to them about the parking charge, and have told me that they've made representation that the vehicle is in my possession. Which is good that they didn't pay on my behalf and try to charge me!

As I understand it, the company (Highview Parking) have 14 days to contact the registered keeper. The alleged incident (with ANPR and CCTV photos) happened on 21/08 and my lease company received the notice on 30/08.

My lease company sent a letter to me letting me know dated 07/08. I am yet to hear from the parking company.

As it's been well over 14 days now, have I escaped? Does the 14 days even apply to me as I'm not the registered keeper? Do I have to sit here in limbo wondering if the parking company will ever send me a PCN?

My other worry is that the reduced 14 days ends today.

Your help would be appreciated!
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post Mon, 13 Aug 2018 - 20:29
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Redivi
post Mon, 13 Aug 2018 - 20:43
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After hearing from the lease company, Highview has 21 days to send you a Notice to Hirer AND a copy of the hire agreement

Parking companies always fail to include this paperwork handing you an easy appeal
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Shellster
post Mon, 13 Aug 2018 - 21:00
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That's good to hear, thank you! Is there anything I can quote if they fail to include the copy of the hire agreement?

This post has been edited by Shellster: Mon, 13 Aug 2018 - 21:07
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Steve_999
post Mon, 13 Aug 2018 - 21:33
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How about checking the dates you are quoting?
As the parking incident isn't going to happen until next week, you should be well prepared!
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ostell
post Mon, 13 Aug 2018 - 21:41
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You need to read POFA 14 (2). They have to supply the hirer withe copies of the rental agreement and the original PCN. Very few actually do.

After you get get the NTH and there are no additional docs you send the following appeal to them so that is arrives just within the 21 days they give you to respond so that they don't get a chance to send a compliant Notice to Hirer/Keeper with 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.



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Dennis Basher
post Mon, 13 Aug 2018 - 22:43
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Highview don't even attempt to use the provisions of POFA to hold vehicles' keepers liable. Thus even at the point when the lease company received the original PCN as a "Notice to Keeper", Highview had already forfeited the right to hold the registered keeper liable for the charge - i.e. there was no liability to transfer from the lease company to the hirer in the first place.

You should be able to kill this off at the first time of asking without even having to go to POPLA. In your submission to Highview, you need to make it clear that you are disputing the PCN and invite them to either a) cancel the charge or b) provide you with a POPLA Code so that you can get the charge cancelled at the second stage. Something like this will do the trick:

Dear Sir,

Formal Dispute - Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

With reference to the above-detailed Parking Charge Notice (“PCN”) issued to me by Highview Parking Limited (“Highview”), I write to confirm that I am this vehicle’s hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and to formally dispute this PCN for the reasons set out below.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to claim unpaid parking charges from a vehicle’s keeper or hirer. There are a number of reasons why Highview’s PCN did not comply with POFA as a notice to hirer; in order for you to understand why I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Within the relevant timescales specified under British Parking Association Ltd Code of Practice, please confirm that you have cancelled this charge. Alternatively, should you still believe that you have a valid claim against me, please provide me with a unique POPLA reference code so that I may escalate my dispute to POPLA.

Thank you for your cooperation and I look forward to receiving your confirmation that this charge has been cancelled.


Yours faithfully etc.,



Edited to correct typo

This post has been edited by Dennis Basher: Tue, 14 Aug 2018 - 21:13
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Shellster
post Tue, 14 Aug 2018 - 07:17
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Steve_999 whoops you're quite right!! Have August on the brain as I'm on holiday!

Thank you so much for your help guys, I feel much better.
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cabbyman
post Tue, 14 Aug 2018 - 17:02
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Note the time when you eventually E mail Dennis' letter to Highview. The current record for a cancellation by them is 2 hours!!!!!!


--------------------
Cabbyman 11 PPCs 0
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Shellster
post Wed, 15 Aug 2018 - 18:43
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QUOTE (cabbyman @ Tue, 14 Aug 2018 - 17:02) *
Note the time when you eventually E mail Dennis' letter to Highview. The current record for a cancellation by them is 2 hours!!!!!!



I will - I'll post here with an update smile.gif
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Shellster
post Wed, 26 Sep 2018 - 06:30
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Hi guys,

Highview came back to me and asked for the driver details. I said no as they haven't followed procedure so need to either cancel or give me the POPLA reference.

They came back with this:

Dear Madam,

Thank you for your correspondence relating to your Parking Charge Notice (PCN).

Your appeal states that as we have not presented the PCN with the timescales recommend by POPLA we cannot hold you, the registered keeper, liable for this notice. As a result we can re-direct this notice to the driver, which is why we requested the full name and address of the driver from yourself. Please forward the full name and address of the driver so that we may update our records accordingly.



Yours Faithfully



Highview Parking Ltd


I've written the below, is it the right thing to say?

Hello,

That is not what I am stating. What I am stating is that you were also required to send notice of the hire agreement to the individual who hires the car, myself within 21 days of the lease company informing you of who the the person who hires the car is. You were required to include the document with the PCN..

You did not send this document to me within 21 days. It was not included with the PCN.

Please either cancel the ticket, or provide me with the POPLA reference.

Any help would be very appreciated!
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ostell
post Wed, 26 Sep 2018 - 08:19
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Just ignore. It's a template and they know they are losing and are hoping that someone will forget respond with the details. If they don't give a result within 35 days then you are assumed, under the BPA Code of Practise, to have been successful in your appeal.
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Shellster
post Wed, 26 Sep 2018 - 11:03
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Thank you.

Is that 35 days from when they sent me the PCN or 35 days from this email?

Is it definitely safe to ignore this?
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ostell
post Wed, 26 Sep 2018 - 11:23
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35 days from when you sent in your appeal, give or take a couple of days.
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Jlc
post Wed, 26 Sep 2018 - 11:29
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They've probably twigged and decided to save the cost of some paper, ink, envelope and stamp...


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Shellster
post Wed, 26 Sep 2018 - 15:18
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I submitted the appeal on the 29th August so 35 days isn't far away.

So if I ignore this and it goes beyond 35 days I'm likely okay? Thanks guys!
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ostell
post Wed, 26 Sep 2018 - 15:24
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So give them 40 days then write to them and tell them that you do not expect to hear from them again as their Code of Practise deems that your appeal has been accepted.
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Shellster
post Wed, 26 Sep 2018 - 18:58
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Thank you!
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Rosalita
post Sat, 2 Mar 2019 - 15:05
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Hi
Newbie here - not sure if to start a new topic - however i found this topic and have used the letter suggested by Ostell which was absolutely perfect with a few tweaks for me to use.

Background - I have had two PCNs from Parking Eye at an Aldi store for my lease car - both times the car park was used appropriately however the reg wasn't put into the terminal. In a nutshell:

First offence - not notified by Parking Eye for a full 2 months (presumably as finding my details from lease car company)
Second offence - even worse and not notified for just shy of 3 months

First offence - i quickly used an appeal off another forum (don't ex-communicate me just yet!) and submitted via their portal. They wrote back via email to say that they had extended the appeal and i had to tell them the driver - citing 9 (2)(b) of POFA 2012. This annoyed me as even though they emailed me there was not an email reply available - in my eyes thwarting the appeal process (and i had already informed them that the portal process was flawed as it prevented you from providing any more info at a later date unless they asked for it - so i reserved the right to do so). I found the letter from Ostell and Dennis Basher here and tweaked to get my own rantings in and sent that off early Feb. Asked them not to use my email address in future as they didn't have one i could use biggrin.gif

NOT HEARD ANYTHING BACK ON THIS - so thinking i write shortly to say i assume this is finished and i will hear no more? How long do they have to get back to me??

Second offence - basically used the letter to appeal via the portal but cutting out my rantings on the no reply email address they use to correspond but asked that they didn't email me but corresponded via letter - i got an email to say they had passed the request to the privacy team.
I now have a letter from them saying my appeal is unsuccessful as i have not provided sufficient evidence that i did not break their terms and conditions on the signage. THAT WAS NOT THE BASIS OF MY APPEAL - the appeal was on the basis that they had not followed 14 (2)(a) of the act. they have advised i can pay the discounted rate (over my dead body), go to POPLA - they have not given me a code, or use the Ombudsman but they don't participate in that so i have to use POPLA (?!?!). I have noticed a POPLA code

Questions
Do i write back (Again) to Parking Eye to say they have not properly considered my appeal - as they are referencing signage not their inadequate issuing of the paperwork?
Go straight to POPLA??

Thanks for any help you can offer
Rosalita
PS this is a fab forum
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Ollyfrog
post Sat, 2 Mar 2019 - 15:19
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Rosalita. Please start your own thread, it only confuses things otherwise.
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Rosalita
post Sat, 2 Mar 2019 - 15:27
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QUOTE (Ollyfrog @ Sat, 2 Mar 2019 - 15:19) *
Rosalita. Please start your own thread, it only confuses things otherwise.

sorry i am in the doghouse with my first post!
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