Letter only from hire company - Advice needed please

Hasslehogg

Hi Guys

I am looking for some advise. I have read the newbies thread, the FAQs and also the threads about the companies i am having issues with (Home Bargains & ParkingEye) but i cannot find the advice i need for my particular problem.

I received a letter today from my Lease company informing me that they have received a letter from ParkingEye as they are the keeper of the vehicle stating that i parked for 2 hours in a 1:30 hr car park. The Lease company have passed on a Statutory Statement of Hire to ParkingEye and also sent the ParkingEye PCN to me that they received along with a 3rd party representative letter from themselves.

• Now do i need to act on this now and email the template letter to ParkingEye or do i wait for a letter direct from ParkingEye?
• Does ParkingEye have 21 days from the incident to notify me or is it 21 days from when the Lease company informed them of my details? (letter was dated 2/2/16 so ParkingEye have until 23/2/16 to contact me?
• The ParkingEye PCN was 15/1/16 and payment says needs to be made by 17/2/16 which is before the 21 days they have to notify me, does this affect things?

any advice would be would be most appreciated as this £85 charge is ridiculous

thanks in advance, really appreciate any help

Guys_Dad

1. Read the NEWBIES thread at top of forum. There is a particularly relevant section in it for you.

2. Do NOTHING till you get a communication from the PPC. They will probably fail to follow the POFA requirements and when you get it, come back then.

3. If you do anything without further advice from here you could screw things up.

Hasslehogg

Thanks I did read the Newbies but probably didnt fully understand it.

Thanks I will wait until i hear direct from ParkingEye

Edna_Basher

Hi Hasslehogg

It's refreshing to see a lease company doing the right thing (i.e. transferring liability to the hirer rather than paying ParkingEye and then trying to pass the charge on to the hirer).

Hirer liability is covered under Paragraphs 13 and 14 of Scheduled 4 of the Protection of Freedoms Act 2012 ("POFA"). In order to be able to claim unpaid parking charges from the hirer, ParkingEye must deliver a compliant Notice to Hirer within a relevant period of 21 days starting with the day after the lease company transferred liability to the hirer.

For the time being, all you need to do is wait patiently for ParkingEye's Notice to Hirer to arrive sometime before 23/2/16.

ParkingEye's Notices to Hirer never comply with POFA and this will be the main point in your appeal (which should be made in your capacity as hirer giving no clues as to whom was driving). Let us know when the Notice to Hirer arrives and we'll point out all of its deficiencies to you.

Although ParkingEye will most likely reject your initial appeal, a non-compliant Notice to Hirer will be a certain winning appeal point at POPLA.

Coupon-mad

Hasslehogg wrote: »

Thanks I did read the Newbies but probably didnt fully understand it.

Thanks I will wait until i hear direct from ParkingEye

That's correct and (as Edna Basher confirms above) PE won't then include the hire paperwork with the PCN they send you, so it's easily winnable at POPLA.

Hasslehogg

Edna/Coupon-mad thanks very much for your reply, i really appreciate it

have a good weekend

Hasslehogg

Hi guys

unfortunately I have just received the PCN from ParkingEye. Its a 1 page document stating i owe 85 GBP along with the details of the offence. There is nothing else in the envelope.

Can you give me some advice on my next steps please

thanks again

pogofish

Is this the same one as your OP, or a new one altogether.

Either way, the Newbies Sticky is where you need to be.

Guys_Dad

Same advice as for 99% of other threads. Do some research on the NEWBIES thread and recent threads on here and come back when you need more targetted help.

Coupon-mad

Hasslehogg wrote: »

Hi guys

unfortunately I have just received the PCN from ParkingEye. Its a 1 page document stating i owe 85 GBP along with the details of the offence. There is nothing else in the envelope.

Can you give me some advice on my next steps please

thanks again

You think that's 'unfortunate' after what Edna Basher and myself explained?! That's what you wanted!

We've already told you for a hirer/lessee this is a nailed on win at POPLA. Hirers are sooo lucky, you get to win if you stick to the script.

So send the usual first appeal (short one, blue writing in the NEWBIES thread post #1) but in the drop-down menu on PE's appeal page call yourself 'hirer/lessee'. If they write asking who was driving DO NOT REPLY. You just need a POPLA code then you move on to post #3 of the NEWBIES thread for a decent appeal, adding what Edna told you is their major omission in law! You can't be liable without PE including those documents with that PCN. Don't tip them off...

The_Slithy_Tove

Coupon-mad wrote: »

That's correct and (as Edna Basher confirms above) PE won't then include the hire paperwork with the PCN they send you, so it's easily winnable at POPLA.

I notice that as well as 14 (2) (a) not being met,

The statement of liability required by sub-paragraph (2)(c) must—
(a) contain a statement by the hirer to the effect that the hirer acknowledges responsibility for any parking charges that may be incurred with respect to the vehicle while it is hired to the hirer

is also not met in most hire cases. As we know most hire agreements don't include a statement transferring responsibility of parking charges to the hirer, only fines, penalties, etc.