pcn on hire care premier park ltd?

rabialiones

Coupon-mad wrote: »

Where's the one written by Edna Basher in the section about Company & Hire cars in the NEWBIES thread? I said to use Edna's one.

hi, just wondering if anyone has come across the above.
thanks

Topcat_147

* COMPANY, LEASE OR HIRE CARS ANYWHERE IN THE UK

In the case of a company car or hire car, if you get a windscreen ticket you MUST appeal before day 28 (possibly before day 21 when it's an IPC firm whcih only 'offers' 21 days to appeal). This is in order to hook the PPC in your direction, before they get a chance to get the keeper's details from the DVLA. If it's a windscreen PCN, use the usual appeal shown above, either the BPA version or IPC version (as appropriate).

You should also warn the owner/keeper (Fleet Manager) not to pay if they do get a letter about it because they have no business to get involved in a fake PCN you have already appealed as driver, and you won't reimburse them if they are daft enough to pay it.

If the hire/lease co gets a postal PCN and names you as the driver/hirer, that is a good thing as it removes them from the loop entirely and then you can follow the above advice as appropriate to your case - but check and see if they have charged an admin fee. Challenge that admin fee with the Fleet Manager, Hire firm or your HR Manager, if your car use t&cs do not support this deduction for a mere invoice (as opposed to a fine/penalty).

Europcar are one firm which will refund the admin fee if you win your appeal.

Here are two examples of a successful first appeal (but one that gets a POPLA code is good too - the appeal can then be winnable - so don't expect early cancellation, this is rare). These examples relate to a situation where the PPC has (very commonly indeed) failed to send the required 'documents' to the hirer with the postal Notice, by day 21 after the date they were informed of the hirer's details:

https://forums.moneysavingexpert.com/discussion/comment/69859059#Comment_69859059

https://forums.moneysavingexpert.com/discussion/comment/69767583#Comment_69767583


Thanks to Edna Basher for the template appeal to use where it's a Hire/company/lease car and a postal Notice has been sent after the hirer/lessee/company car user has been named. Remember, that does not mean they have named the 'driver'. You are the keeper. Last edited by Coupon-mad; 30-12-2016 at 8:20 PM.

rabialiones

hire company have already taken payment from my debit card
as an admin charge

Coupon-mad

So why is that relevant to the appeal you need to send - if it's not quite worded right, adapt it to suit.

rabialiones

after reading again and again and with the help of above posters, I think I now understand what I have to do.
please check the following before I submit it

I am just not sure about the paragraph about 'registered keeper details from dvla'
should be included


thanks
Dear Sir

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

I challenge this 'PCN' as hirer/lessee of the car.

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 rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the BPA Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal in your contract, for a sum not less than £250 for any Data Protection Act breach.

For the avoidance of doubt, I do not give you consent to process data from the DVLA relating to this vehicle, whether you have already obtained it or not.

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

Yours faithfully,

rabialiones

also I don't think they are member of aos, but are members of bpa

do I need to give the hire firms name and address , however I think they will have it as my details would have been given by them

Coupon-mad

You are not using the Edna Basher version there? Yet you've been shown it.

rabialiones

is this the correct one? i.e. edna basher's version
I have revised it

Dear Sir,

Parking Charge Notice 1111111]: Vehicle Registration qqqqqq]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Premier Park. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why premier park's Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that premier park has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please 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.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.


Yours faithfully

is the following wording relevant to me.?

' There are a number of reasons why premier parks Notice to Hirer'


and
' Given that premier park has forfeited its right to keeper liability'

I have substituded premier park for highview and also the letter I have received from premier park does not state 'notice to hirer'
it states that I have been named as a driver.

please bear with me , I am totally confused
thank you

Edna_Basher

Premier Park aren't sophisticated enough to have a specially-worded separate Notice to Hirer. For hire vehicles, they just send the same notice that they use in cases where a keeper has provided them with details of the driver. From time to time Premier Park send us a notice claiming that our company has been named as the driver of the vehicle in question (which is clearly nonsense because companies can't drive).

Your latest version of a response to Premier Park looks okay (except that you need capitals in Premier Park). However, I suggest that you include an additional paragraph as follows.

"Your PCN is incorrect in claiming that you received my details following a transfer of liability naming me as the driver of the vehicle at the time of the contravention. For the avoidance of doubt, the vehicle's registered keeper, [insert name of lease company] provided you with my details as the vehicle's hirer."

rabialiones

thank you very much edna basher
I will amend and include your suggested paragraph.
and then send off the appeal
thanks again