SmartParking - Parking Charge Notice

Dutch1981

Hi

As the registered keeper of a lease vehicle I have received a Parking Charge Notice for overstaying a 3hr maximum stay at The Food Centre - Milton Keynes

Time in 13:30 Time Out 16:45 (15mins)

I have read newbie section and need some advice as whether appeal online with this template?

Dear Sir/Madam,

Re PCN number:

I am the keeper of the vehicle which received this purported 'parking charge'. There will be no admissions as to who was driving and no assumptions can be drawn. I am not liable and 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 are in small print and the onerous terms are not readable.

Should you fail to cancel this PCN immediately, I require the following information with your template rejection:

1. Does your charge represent damages for breach of contract? Answer yes or no.
2. Please provide dated photos of the signs that you say were on site, which you contend formed a contract.
3. Please provide all photographs taken of this vehicle.

I am alarmed by your contact and I do not give you consent to process any data relating to me, or this vehicle. I deny liability and will not respond to debt collectors. You must consider this letter a Section 10 Notice under the DPA, and should you fail to respond accordingly, your company will be reported to the Information Commissioner.

I have kept proof of submission of this appeal and will also be making a formal complaint to your client landowner.

If you are a current BPA member, send me a POPLA code. If you are an IPC firm, cease and desist with all contact.

Yours faithfully,

Or do I need to go down a different path as per this section around time elapsed from date of contravention (13/02/2018) or if the Lease Hirer has been named...as per below

Here are some examples of a successful first appeal. These examples relate to a situation where the PPC has (pretty much ALWAYS!) failed to send the required documents to the hirer (you) with the postal Notice, by day 21 after the date they were informed of the hirer's details:

(Links removed as I am a new user) x3 options though on newbie section

Thanks to Edna Basher for the template appeal for when it's a Hire/company/lease car and a postal Notice has been sent out, after the hirer/lessee/company car user has been named.


Happy to appeal just not clear on which template?

Thank you

Coupon-mad

registered keeper of a lease vehicle

Whose name is on the V5 logbook? Did the PCN go to a 'lease firm' first?

Dutch1981

I would need to search for the V5 but the fact I don’t remember seeing it would suggest its with LeasePlan

Yes a letter went to LeasePlan first

Coupon-mad

OK, so you use the version by Edna Basher in the NEWBIES thread, about the POFA para 13/14 and calling yourself the hirer/lessee.

You are NOT the registered keeper.

Dutch1981

Thank you so I'm to go with this one just changing the company details etc...what do the 8220 and 8221 mean? And even the 8217?


Dear Sir,

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

I refer to the above-detailed Parking Charge Notice (!!!8220;PCN!!!8221;) issued to me by Highview Parking Ltd (!!!8220;Highview!!!8221;) 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 (!!!8220;POFA!!!8221;) 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 Highview!!!8217;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 Highview 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,

[Insert squiggle as signature]

Thanks

Coupon-mad

It's a forum glitch. Edna Basher didn't post it like that! frustrating for all of us that MSE forum does this.

Replace with apostrophes and a close bracket, e.g.

(!!!8220;Highview!!!8221

is

('Highview')

Dutch1981

Lovely thanks....will get the appeal posted online in the morning and update with the response

Thanks

Coupon-mad

A hirer/lessee can't lose v Smart. You will win, they might take a month to give up!