Parking Eye - Missing Words?

pelfed2

Just got a parking invoice from Parking Eye.

I lease my car, but I was wondering if the wording as per Schedule 4 of POFA 2012 Paragraph 9 is still needed?

The reason being is that the invoice doesn't mention anywhere:

1. inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

Fruitcake

I don't think the wording you quoted is needed on the PCN.

We know that there are two types of parking lie PCN. One has a paragraph that mentions something like, if after 29 days ... and the other doesn't but has a space as if something is missing.
The latter means they know they haven't got their PCN out in time to meet keeper liability.

Please tell us which you have.

In any case, please read the NEWBIES thread if you haven't already, then send the BPA template in blue you will find there.

After that you will need to read up on how to construct a PoPLA appeal.

pelfed2

Hi - I have read the newbie section and it seems that the following may apply:

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:

What I'm not sure is when day 21 would be? I have no idea of the date when the PPC would have been informed.

Date of the event: 28/12/2016:
Date issues: 26/01/2017

Im assuming that the PPC are supposed to send me some documents regarding the hire details? And if they do not, then they fall foul of Section 4 para 13/14.

Its all a bit confusing.

Redx

and in any case, you are still "the keeper" of the vehicle , ie:- the lessee , or in simple terms "the hirer" as it is leased/hired to you and you keep it as keeper

you are not the owner, nor the Registered Keeper with the DVLA, which means you are the next category (keeper)

day 21 is 21 days after the incident , read what edna basher says about these things , plus anywhere that coupon-mad has clarified it for other lessees

the leasing company have to do things and by a certain date , as do PE, if they wish to rely on POFA2012 (which they do not have to do but its easier at popla or in court if they do)

of course its confusing , its government spiel !!!

I doubt any MP has had to deal with it , except maybe Betty Boothroyd or Eric Pickles

Edna_Basher

If ParkingEye are claiming hirer liability via POFA, their Notice to Hirer will include the wording:

"By virtue of the Protection of Freedoms Act 2012, Schedule 4, Paragraph 14 (5) (a), any unpaid parking charges (being the Parking Charges specified in the notice to keeper) may now be recovered from you, as you were the hirer.

If after 22 days from the date given......."


ParkingEye's non-POFA Notice to Hirer (which will follow on from a non-POFA Notice to Keeper) doesn't include this wording, stating instead:

"As we do not know the driver's name or current postal address, if you were not the driver at the time, you should tell us the name and current postal address of the driver and pass this notice to them".


The hirer has no obligation to provide ParkingEye with the driver's details and in my view, it is misleading for ParkingEye to state that you should tell them - they can merely invite you to do so.

Coupon-mad

pelfed2 wrote: »

Just got a parking invoice from Parking Eye.

I lease my car, but I was wondering if the wording as per Schedule 4 of POFA 2012 Paragraph 9 is still needed?

The reason being is that the invoice doesn't mention anywhere:

1. inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

You have been sent this because the lease firm has named you as lessee/hirer? Appeal as lessee/hirer (choose that in PE's drop-down menu) and never mind about the minor point above...there is much more missing from that Notice if you were named as hirer/lessee. Paragraph 13 and 14 of the POFA Sch4 has info on the enclosures they must provide with any Notice to Hirer, which they haven't.

Read the section about company/lease cars in the NEWBIES thread (at the end of post #1 of that sticky) and/or click on Edna Basher's username to find other posts he has made giving appeal wording about para 13/14, for a leased car case.

Redx

woth they said (Like I mentioned earlier)

so do exactly as they tell you to do , so not keeper , but LESSEE/HIRER (after reading those posts)