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Civil Enforcement and a lease car, cancelled the PCN

edited 19 October 2017 at 10:43AM in Parking Tickets, Fines & Parking
8 replies 14.5K views
alanjukalanjuk Forumite
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edited 19 October 2017 at 10:43AM in Parking Tickets, Fines & Parking
Hi guys and thanks to all the people that contribute to this board.

I have been forwarded a PCN from Civil enforcement by the lease company who supply my car, it appears they have not entered into correspondence with them, just forwarded the PCN to me.
I realise that I need to get the lease company out of the loop to avoid them paying the charge so this is what I plan to email to them. :-

Dear Sir/Madam
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 am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), Civil Enforcement has no reason to contact Lex Autolease again regarding this PCN

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.

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,
My name


Should I add anything about the following to the above or save these for POPLA:-

The alleged incident date was 01/08/2017 but the PCN issue date is 23/08/2017 is this not too late for POFA to be used, no windscreen ticket was issued.

Also the alleged incident is for an overstay of just over 12 minutes is this not outside of BPA grace period guidelines.

Also this particular site has the option to visit the general office and enter the vehicle registration details into a tablet device to extend the parking time. The driver of the vehicle carried this out but the system obviously didn’t function correctly as the PCN was still issued.

Thanks in advance for any help with this

Replies

  • Coupon-madCoupon-mad
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    I would say send it 'as is' - that is perfect - they should give up.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • alanjukalanjuk Forumite
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    Thanks C-M I'll send that off and post again when I get a response
  • edited 19 October 2017 at 10:45AM
    alanjukalanjuk Forumite
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    edited 19 October 2017 at 10:45AM
    Well CE did cancel the charge but totally ignored the fact that I had given them my contact details and asked that they did not contact the lease company again.

    The first that I knew that the ticket had been cancelled was an email from my employer saying that the carge made by the lease company for forwarding the PCN had been reversed.

    I have contacted the lease company and they have forwarded me the cancellation letter.
  • Coupon-madCoupon-mad
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    Hooray, you even got the charge reversed from the lease firm - quite right too!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • lawlou24lawlou24 Forumite
    2 Posts
    Hello, I was given a parking ticket by P4Parking on Christmas Eve 2018 on my leased vehicle in a residential parking space (Scotland).
    I didn't hear anything until today (6th March 2019) when I was sent a notice from a debt collector agency saying that the charge is now up to £125. A few days ago I received a letter from my car leasing company to say I was receiving a £10 admin charge which I now know was for them confirming I was the registered keeper of the vehicle. I read on the Newbie thread that I should have appealed the parking charge within the first 28 days, so given that I missed that window is my only option to pay the fine if they now have my details from DVLA/leasing company?
    Thanks in advance.
  • edited 6 March 2019 at 4:23PM
    FruitcakeFruitcake Forumite
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    edited 6 March 2019 at 4:23PM
    lawlou24 wrote: »
    Hello, I was given a parking ticket by P4Parking on Christmas Eve 2018 on my leased vehicle in a residential parking space (Scotland).
    I didn't hear anything until today (6th March 2019) when I was sent a notice from a debt collector agency saying that the charge is now up to £125. A few days ago I received a letter from my car leasing company to say I was receiving a £10 admin charge which I now know was for them confirming I was the registered keeper of the vehicle. I read on the Newbie thread that I should have appealed the parking charge within the first 28 days, so given that I missed that window is my only option to pay the fine if they now have my details from DVLA/leasing company?
    Thanks in advance.

    You have not received a fine.

    You need to start your own thread, not hijack one that is well over a year old. Your situation is completely different to the original poster on this thread as the vehicle keeper is not liable in Scotland.

    Debt crawlers have absolutely no powers and can be ignored over the whole of the UK.

    Nobody here will suggest you pay a scammer, but you will need to provide more information about dates and documents received on your own thread.

    Whatever else you do, please complain to your MP about this unregulated scam.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
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  • lawlou24lawlou24 Forumite
    2 Posts
    @Fruitcake - ok I didn't mean to "hijack" a thread, just found one that was relevant to my own questions and therefore thought it might be a helpful place to ask. Thanks for the pointers.
  • Hi... can you kindly delete your post and quote of my thread. I posted it by accident.
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