Parking Eye x 2 PCNs - Can i challenge these? Options

[downandout]

The Keeper Met with the 2 PCNs after a 3 week holiday abroad

The driver was the First time user of the relevant car park which is free subject to entering the Registration of the vehicle (which the driver didn't know at the time) has landed the Keeper with 2 PCNs. Reason for delay in these PCN picked up now is due to the Keeper being on holiday from 21/10 till 11/11 (proof available).

The only thing can be seen from technical perspective is that the arrival time quoted on CCTV for both notices is out by few seconds to what the PCN states (See Red Underlined text)

Notice 1



Notice 2



PS. reminder (dated 09/11) for Notice 1 has also been received

This post has been edited by downandout: Tue, 13 Nov 2018 - 10:21

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[kommando]

As a leased car was the lease agreement included with the NTK.

This post has been edited by kommando: Tue, 13 Nov 2018 - 10:31

[downandout]

Nothing else in the post except the 3 separate PCNs (1 of which is a reminder)

This post has been edited by downandout: Tue, 13 Nov 2018 - 10:44

[kommando]

To be able to hold the hirer/keeper liable for the charge the PPC needs to have included the hire agreement, so only the driver who is unknown is liable. The hire agreement was supposed to be sent by the leaser but the leasing body and the BPA agreed it was not needed so hire/lease cars are easy to not pay provided the driver is not identified.

The hirer/keeper appeals at a time so the PPC cannot realise the mistake and correct their error (others will post the timing details as I can't remember or read POFA 2012), the appeal will be rejected but with the rejection will be a POPLA code where the second appeal will be successful. Appeal each one separately.



This post has been edited by kommando: Tue, 13 Nov 2018 - 11:02

[SchoolRunMum]

Send the usual hirer appeal written by Edna Basher (who posts as Dennis Basher here) on MSE forum, in the NEWBIES thread in the lease/hire company car section here:

https://forums.moneysavingexpert.com/showth...d.php?t=4816822

It's not the usual appeal in blue writing, it's the one a bit lower down by Edna Basher. You could search the post (control & F) for the word Basher and have it in seconds. You then copy that unto their appeals page, choosing 'hirer/lessee' (NOT DRIVER!!!!).

This post has been edited by SchoolRunMum: Tue, 13 Nov 2018 - 11:28

[ostell]

Or simply:

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.


This need to be 2 separate responses. Normally I would say send (or put on their appeal website) this so that it arrives just before the 21 days from the date of the PE letter. This is so that they cannot correct their error and send another, compliant, NTH with the documents but this is complicated by the fact that there are 2 PCN's in play. They are giving you 28 days to pay so I think in this case I would send it so that it is just before day 21 of the later PCN. You will note that they say that they have the documents but having them is not good enough, they have to be in your hands.

If you send by post then first class and free certificate of postage from a Post Office. If on thir web page then take a screen print of the pages before you submit and also the response.