Advice over 2 PCN's on residential parking

Coupon-mad

If you are at the dead easy stage of first appeal, why don't you use the one written especially for Company/Lease or Hire cars, at the bottom of post #1 of the NEWBIES thread in the section about lease/hire cars?

The one by Edna Basher is perfect if you correct the silly MSE glitch on the apostrophes...

NO LINK.

KeithP

The dates may be in order, but what about other PoFA requirements?

Have a look at paras 13 and 14 of PoFA schedule 4 in particular.

There's a link to PoFA Schedule 4 in post #1 of the NEWBIES thread.

JohnDunn

I guess I!!!8217;m hoping to be able to get it cancelled at the first stage.

KeithP

JohnDunn wrote: »

I guess I!!!8217;m hoping to be able to get it cancelled at the first stage.

As you are using an iPad or iPhone, to get rid of the above punctuation errors, go to your 'Settings' > 'Keyboard' and switch off 'Smart Punctuation'.

JohnDunn

So it was over 14 days for me to receive the postal PCN from the date of the alleged contravention, for both PCN’s.

KeithP

JohnDunn wrote: »

So it was over 14 days for me to receive the postal PCN from the date of the alleged contravention, for both PCN’s.

Of course.
The lease company is involved.
The PPC has 14 days to get the NtK to the Registered Keeper.
The RK has to respond to the PPC.
The PPC then sends out a NtH.

Coupon-mad

JohnDunn wrote: »

So it was over 14 days for me to receive the postal PCN from the date of the alleged contravention, for both PCN!!!8217;s.

But that's not the point...they had 21 days after getting your name. So no issue there.

You are missing what they have omitted to enclose, in terms of DOCUMENTS to you with the NTH! Please read Edna Basher's appeal wording, told you where it's linked. This is dead easy.

JohnDunn

Once again, thank you all for all of your patience! It's much appreciated.

I've edited Edna Bashers template, for the first appeal of the 2nd PCN. Would appreciate any thoughts:

"Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice ('PCN') issued to me by One Parking Solution Limited ('OPS') as a Notice to Hirer. 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 One Parking Solution'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 OPS 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,

JD"

JohnDunn

Additional information: the postal PCN from OPS only included a date stamped letter from the lease company:

https://www.dropbox.com/s/h85rrtuox05bfyi/Arval%20Response%20-%206%3A1%3A18%20REDACTED.jpeg?dl=0

No other documents where enclosed or available on the online appeal page. No copies of letters to the lease company from OPS.

KeithP

Yes, send that appeal.