Ambiguous PCN

Capt_MashPotato

Firstly, apologies if this has already been covered elsewhere, but I have searched without success.

I've received a PCN from Smart Parking - Matalan Leicester carpark. In short, I didn't buy a ticket as my understanding was it was free customer parking. This is somewhat true, a ticket must be bought and refunded at the checkout (the pedant in me says this then isn't free parking...)

While I accept I didn't buy a ticket as required, the wording in the letter is very ambiguous and doesn't specifically say why I've been issued a PCN, its more of a 'select as guilty' method. Is this correct? Surely they are required to specifically cite the reason for the PCN?

Also, at present this ticket is still in my employers business name (company car driver...), am I obliged (or sensibly advised) to get this transferred to my name? The car has a tracker in it and is only issued to me for my usage... Worth mentioning this has gone via Lex Autolease, hence the delay so far (plus a £12 admin fee for the hassle!)

Thanks in advance, picture of wording below.

Capt_MashPotato

Sorry, it won't let me post a pic.

Wording as follows:
By either not purchasing the appropriate parking time or by remaining at the car park longer then permitted, in accordance with the terms & conditions set out in signage, the parking charge is now payable to to Smart Parking Ltd (as the creditor).

Oh, I don't have my Matalan receipt but do have a bank record to prove I purchased from Matalan on the day. Already spoken to Matalan HQ & Leicester branch, both not interested and said its basically with Smart Parking now.

pappa_golf

By either not purchasing the appropriate parking time or by remaining at the car park longer then permitted, in accordance with the terms & conditions

advise your boss to fill the form in and to say yowere the KEEPER of the vehicle at (or around) the times stated


NOT the driver , the KEEPER !!

await a letter in your own name then return to this thread

Capt_MashPotato

Thanks Pappa, I will do.

But to clarify, is this wording acceptable as notice of a PCN?

pappa_golf

they can write what they want , its what is on your letter that matters!


remember to boss you are the keeper , not the driver!!

chances are all the paperwork is totally cocked up already

wait till you get your paperwork then we can check off the cockups

Coupon-mad

Capt_MashPotato wrote: »

Thanks Pappa, I will do.

But to clarify, is this wording acceptable as notice of a PCN?

It's not a POFA PCN so the keeper/owner can't be held liable. Hence why no-one should be named as the driver.

Personally I would not wait for a PCN to be sent to you because you might well not be given that courtesy by Smart. I would appeal it now, based on the version sent to your employer, saying that you are the lessee of the vehicle. DO NOT talk about who is allowed to drive it!

Say that, unless they cancel the PCN forthwith, you require that they send the POPLA code to you at your home address which is:

blah blah

Then add the usual template BPA firms' appeal, in blue writing in the NEWBIES thread.

Capt_MashPotato

Just about to send the letter as per the Newbie thread, just wanted to run it past an experienced member as it seems a little light on information once you've removed the POFA/DVLA paragraphs (company car driver.)

Any tips or hints gratefully accepted. Thanks


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to myself at the address listed below:

My street
My Town
My Postcode

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Me.

pappa_golf

has your boss sent the ticket back to them , and you have recieved one in your own name?

Capt_MashPotato

No to both, the letter is sitting with me and my boss has passed it on for me to sort. Its a small company and I could write on behalf of the company if required.

Does this change things as I was looking at Coupon-mad's advice too...

pappa_golf

await other people , but this needs transferring to you , we know that this is smart parking and court is unlikely , but if things went wrong , it would be your boss in court

Capt_MashPotato

Thats what I thought you'd say... So is the letter I drafted above correct and wise to send?