PCN and care hire

bazster

Fruitcake wrote: »

You still need to start your own thread as already advised.

He already has!

DaveCC

Hi all,

Just a quick update. As a reminder, this is the situation: Hertz paid a PCN from Premier Park and charged me back plus their admin fee. I contacted Hertz several times to no avail, but they finally told me they would reimburse their admin fee if I get the PCN canceled by Premier Park. At the same time, I disputed the transaction with my bank as advised, but they have now rejected the dispute. I have also contacted Premier Park and asked them if I could appeal a PCN that has already been paid for, and they said that I could. So as a last resort, I intend to appeal that PCN, but I'm not sure how to word my introductory paragraph, as well as my closing one, as Hertz has already paid for the PCN.

From what I read on this forum, I was thinking something along those lines:

Introductory paragraph:
I refer to your Parking Charge Notice (“PCN”) Ref. xxx issued to Hertz as a Notice to Keeper (“NtK”) in respect of an alleged breach of Parking Terms and Conditions at Torquay Marina car park on [date]. I confirm that as the vehicle’s hirer at the time of this alleged incident, I am the “keeper” for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA 2012”). I write to formally challenge the validity of this PCN for the reasons detailed below.

Closing paragraph:
This is my full challenge to the PCN. I now require that you notify me in writing within the strict timescales set out under the British Parking Association Limited Code of Practice either that a) you accept that Hertz or I are not liable for this charge and that the PCN has been refunded, or b) you have rejected my challenge, in which case you shall at the same time provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.


Please let me know what you think. I really don't know if I should mention only Hertz, or just me, or both...

Thanks for your help!
Dave

DaveCC

And I forgot to say that my main point of appeal will be that their NtK is non compliant with POFA

Redx

reading the above, you have never had an NTK , hertz received it and paid it

hertz should have named you as keeper and then you should have received an NTK within the usual timescales once the PPC was aware you had been named as keeper/hirer

so its my opinion that you havent had an NTK and so cannot claim it doesnt meet pofa as its never materialised , you havent received it, therefore havent read it either

your appeal should be based on appealing as keeper of the vehicle , but if you havent had an NTK then you wont be hiding behind POFA

thats how I see it anyway