ParkingEye Charge Notice received for Company Lease car - Help!

pjkay

Hello,
I hope someone knowledgeable can help me - I've received a ParkingEye (PE) Parking Charge Notice (PCN) today, Thu 26th March, and am very keen to fight it.

I've read through various posts, stickies and advice pages here and elsewhere but can't find out what it is best for me to do in my circumstances:

• lease car - lease co have informed PE of our company address as the Keeper (I think)
• letter is addressed to the company
• company car - my company - I'm Managing Director and the PCN letter has been passed to me
• charge is £85 by 18th Apr or £50 by 4th Apr
• car parked for 3-4 hrs in early March
• car park is a supermarket car park in a city centre in England
• driver has no relevant receipts kept from that afternoon
• car park ticket barrier had been broken for months
• when the driver arrived the barrier did not prevent entry and no ticket was issued by the machine
• there was no member of staff in attendance (in the booth) and no obvious way to register or pay for parking without a ticket
• the "buy something in store for reduced parking charges" was impossible without a ticket issued on entry
• there was no ticket or charge issued on the day, this PCN has arrived more than 3 weeks later

I think that covers everything, but do ask if I've missed something!

So, presumably we won't receive a Notice to Keeper? Or is this, as the first letter we've had, the NTK?
If so does it matter that this arrived 24 days after the parking event occurred?

I am conscious that there is only a 9 day window before the "reduced" charge disappears and therefore want to challenge this ASAP.

I am trying to understand:
Who is the keeper - leaseco, company or the driver?
As leaseco have told PE the company address but no driver name apparently, does this mean I should keep this info to myself?

What is the best way?
Do I do it by post or online?
Use a template from the thread or write my own?
Best to refuse to pay or appeal via PE / POPLA?
Presumably I should also contact the supermarket who (presumably) own the car park and try that route too?

Thanks so much for any help!

P

Redx

treat the NTK as the notice the keeper (you, the company) have received

they had 14 days to inform the leasing company

this company (Registered Keeper/owner of the vehicle) informed them of the keepers details (the hirer , the company , you)

they had some extra days to inform the actual keeper (you), this may be 14 , may be less, but I suspect they are within the limits

the keeper (you) uses the template letter (minus the rant after part e) if you so wish) to appeal it as KEEPER

do not name the driver

take it to popla if they dont cancel

as keeper, complain to the landowner, with any evidence or proof or patronage over a period of time (redacted copies of receipts , redacted bank statements etc)

this redacted evidence can also be sent to PE (or attached online) if you wish

ideally , do this online and keep the emails you get back as proof of receipt

pjkay

Great, thank you!

Redx wrote: »

the keeper (you) uses the template letter (minus the rant after part e) if you so wish) to appeal it as KEEPER

I'm unsure - can you confirm I should still include the following please?

Date
Dear Sirs
Re: PCN No. ....................
I challenge this 'PCN' as keeper of the car, on these main grounds:
a). The sum does not represent a genuine pre!estimate of loss, nor is it a core price term. It is a disguised penalty and not commercially justified.
b). As keeper I believe that the signs were not seen, the wording is ambiguous and the predominant purpose of your business model is intended to be a deterrent.
c). There is no evidence that you have any proprietary interest in the land.
d). Your 'Notice' fails to comply with the POFA 2012 and breaches various consumer contract/unfair terms Regulations.
e). There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.

The purpose of this communication is:
1. Formal challenge
2. ''Drop hands'' offer
3. Notice of cancellation of contract

By replying to the challenge you are acknowledging receipt and acceptance of points 2 and 3 above. ...
I have kept proof of submission of this challenge. I look forward to your considered reply within 35 days.
Yours faithfully

Is all that (edited to suit my circumstances of course) still essential?
What about the parts in 1 / 2 / 3 ?

Thank you!
P

Redx

I would have just removed this part, nothing else

Your clients should be thoroughly ashamed of the shoddy way you treat consumers visiting their premises. The landowner will be made fully aware of this matter and your response, which I will forward to their CEO when I complain in writing and via social media, as appropriate. Parking firms like yours fail to demonstrate even a basic understanding of customer service. The reputation of your business model appears to be more akin to a protection racket than 'parking management'. Your ATA may offer sound-bites about driving up standards or fight for motorists' rights but in reality they are not a regulator; they merely exist to represent the interests of paying members, in order to gain access to DVLA data. The public have no faith in the private parking industry and, as far as I have seen, your firm has not shown itself to be any different than the ex-clampers with whom you share a membership.

you can attach it as a doc or pdf on the appeal on their site

you must do as you see fit according to circumstances, but that template letter is designed for all eventualities, so if you wish to differ from it most people here wont advise you due to too many people trying to customise appeals and saying stuff they should not

PE are likely to turn it down anyway, so then its off to popla using post #3 of the NEWBIES sticky thread

everything you needed to know is in that one thread, its why its there (with links)

use the K.I.S.S. principle, its usually best

pjkay

Cheers Redx

pjkay

Hello,
I'm currently trying to appeal this via the PE website (first) - can anyone help me with a question?

I am the Managing Director of the company which is registered as the keeper of the vehicle, even though it is a lease car.
Should I include my name with the letter (signature & printed) or leave it off and sign it from the company?
The PCN was addressed to the company name, not my name, as this is what is on the lease agreement.

Thanks,
P

pjkay

Oh, and another question!

The form includes a line (presumably mandatory) for choosing:

I am the Registered Keeper
or
I am the Hirer / Lessee

Which one should I choose?

Sorry for the extra questions and thanks for your help!
P