Parking Eye PCN with car rental

ManxRed

Edna_Basher wrote: »

...(i.e. they think it's okay for the Operator to send POPLA's copy by e-mail and the motorist's copy by snail mail).

This is certainly one way to drive up standards in the private parking industry!

Edna_Basher

DavePaddi wrote: »

Just to make sure, I refer to myself as the "hirer" throughout the appeal,. I don't think I have to change that to "keeper", as long as I never use the word "driver", right?

There's no problem referring to yourself as the "hirer". However, as an introduction to your appeal you could include a statement that "I confirm that as the vehicle's hirer at the time of the alleged incident, I am its "keeper" for the purpose of the corresponding definition in Schedule 4 of the Protection of Freedoms Act 2012".

You will still need to use the word "driver" as appropriate - for example, "the Operator's signage was not sufficiently clear to form a binding contract with the driver".

Edna_Basher

bod1467 wrote: »

I thought it was mandated that PPC evidence packs be sent out at least 7 days prior to the scheduled hearing?

Thanks bod1467 - I've found the relevant piece about this in POPLA's first Annual Report; this states that once an appeal is lodged, the operator has 28 days to submit evidence they allege proves the breach.

When POPLA respond to the motorist to confirm receipt of an appeal, they usually advise that the appeal will be considered on or soon after Day 35 from the date of the confirmation letter. A deadline of Day 28 for the operator to submit their evidence pack would equate to 7 days before the scheduled hearing date.

DavePaddi

Hi all,
I have submitted my appeal yesterday evening, a big thank you to all of you who assisted me from the beginning ;-)
I will keep you updated.
Thanks again,
David

Edna_Basher

Good stuff.

POPLA should very soon send you a reply confirming receipt of your appeal. I expect that they will also advise you that your case will be considered on or soon after approx. 21st August.

Mark 14th August in your diary as the being deadline by which time ParkingEye should send their evidence pack. Also, check with PaddyPower to see what odds they'll offer you on ParkingEye's evidence pack failing to arrive before this date.

You'll be interested to learn that POPLA has just allowed one of our ParkingEye appeals on the basis that the Notice to Hirer did not comply with Schedule 4 of POFA 2012.

DavePaddi

You're spot on Edna, the hearing will be on or soon after 21st August.
And that's good to hear about the appeal you have mentioned ;-)
Thanks again!

DavePaddi

Hi everyone,

Sorry for bothering you with that but I am now looking for some advice regarding a PCN my father received when visiting me in June.

My father rented a car when visiting me and he got a PCN with Premier Park. Obviously, the car rental company (Enterprise) paid straight away and passed it on to him. I have the problem with them, telling them they should have only named the hirer and also put the transaction into dispute with the bank. Enterprise and the bank both refused to refund the amount taken, but Enterprise did say that it will refund their admin fee if I successfully appeal against Premier Park. So I contacted Premier Park to ask them if I could appeal against an already paid PCN, and they said I can. So that's what I did (my appeal focused on the fact their NtK wasn't compliant with POFA). I got a letter from them today, with a POPLA code. They are not giving any reason why they rejected my appeal, but warned me that if my POPLA appeal was to be rejected too, I would have to pay the remaining 40GBP balance.

I am now wondering if I should appeal to POPLA or not. My main problem is that I was never sent a NtK or a Notice to Hirer as Enterprise paid the PCN straight away. Do you think I can still base my appeal on the fact their NtK wasn't POFA compliant in this case? If so I'm not sure how to phrase the intro paragraph.

Maybe something along those lines (that's from something I found on the forum):
"I refer to your Parking Charge Notice (“PCN”) Ref. xxx issued to Enterprise as a Notice to Keeper (“NtK”) in respect of an alleged breach of Parking Terms and Conditions at xxx on xxx. 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."

Can I still challenge a PCN as the hirer when I haven't been named as the hirer by Enterprise? Do you think I have a chance at POPLA in this case? And what do you think about the intro paragraph?

Thanks a lot for your help.
DavePaddi

hoohoo

There is no hirer liability unless the hirer gets the notice to hirer and the other required documents. Parking companies always get this wrong.

kammyk

Hello,

I have rreceived the same letter from parking eye in exact circumstances as DavePaddi. I was picking passengers up from a cruise ship but they were not off the ship, i was directed to go and wait in the Ocean cruise terminal car park and to go up to the pick up point once I had confirmation the passenger's were out.

Is there a template I can use to appeal? Will this likely be long drawn out appeal? I am guessing I am one of many that has received this letter as the guys at the cruise ship were telling everyone to wait in the car park till their passengers were out.

Thanks

Fruitcake

kammyk wrote: »

Hello,

I have rreceived the same letter from parking eye in exact circumstances as DavePaddi. I was picking passengers up from a cruise ship but they were not off the ship, i was directed to go and wait in the Ocean cruise terminal car park and to go up to the pick up point once I had confirmation the passenger's were out.

Is there a template I can use to appeal? Will this likely be long drawn out appeal? I am guessing I am one of many that has received this letter as the guys at the cruise ship were telling everyone to wait in the car park till their passengers were out.

Thanks

There is an appeal template in the Sticky thread for NEWBIES at the top of the main parking ticket page which is your one stop shop for all private parking queries.