No Hire Agreement supplied - Personal Contract Hire vehicle

pcnthrowaway1

Good afternoon.

I'm currently considering my approach to the following:

PPC (IPC member) has issued a NTK to my lease/finance company (BVLRA member). They have named me as hirer, and the Notice to Hirer paperwork has now arrived with me. The PPC haven't included a copy hire agreement with the NTH, but it appears that lease company refused to supply it to them originally.

Similar to this example (thread 5831507), the lease firm's letter stated they were not "able to disclose the agreement for commercial and confidential reasons."

Based on the newbies thread, etc. I was ready to contest this as hirer/lessee. But because of the above I worry the lease company haven't properly discharged themselves of liability under POFA, and if I successfully fend off the PPC then the lease company might still end up paying and recharging me, the lessee.

What would the best route of appeal be in this case? Particularly to minimise the chances of the lease company paying up.

My current thoughts are to send either the blue, or Edna Basher template to the PPC. But I'd appreciate the expert opinion on the lease company angle.

Thanks in advance!

Coupon-mad

Hmmm...good point. For that reason and because it is an IPC firm who will not cancel it, I would use the blue template and just change 'keeper' to 'hirer/lessee'.

I wouldn't use Edna Basher's version which points out the lack of hire agreement, for the reasons you said.

Your priority is to make sure you keep proof of the appeal, to ensure the PPC is firmly hooked in your direction.

Maybe follow it up with a nice SAR in a month or two, to keep the PPC focussed on you.

pcnthrowaway1

Great stuff, thanks for that Coupon-mad. I'll send the normal template off.

I've tried to send it today, but their website claims I'm outside of the appeal window. Their NTH was dated 18th March, so I make it day 19 today?

I'll try the website again tonight and tomorrow, and then opt for the first class post.

Coupon-mad

18th May you mean?

NO - DO NOT OPT FOR THE POST - TOO LATE - A HIRER PCN ONLY ALLOWS 21 DAYS.

Take a screenshot in the morning, of the fact that no appeal is being allowed to be submitted by you, the lessee/hirer on day 20, and email the PPC (if you can find an email addy) to complain, showing the screenshot.

MAKE SURE THAT COMPLAINT GOES ON DAY 20, NO DELAY.

Keep proof of all this and also complain to the IPC, who need more complaints about their rogue AOS members even though they are as useless as a chocolate teapot by all account when they get complaints.

Doesn't mean not to do a complaint, nor does the fact the IPC make it hard for consumers because there is no email address, you have to open an account/register loads of data to even step through to make a complaint.

Remember at ALL times to be the lessee/hirer and NOT to imply who parked, nothing about the driver to the PPC or IPC, who are certainly not on your side.

pcnthrowaway1

My mistake, yes, NTH dated 18th May. Thank you for the clarity on dates, I will get all communications to the PPC out today.

The complaints process is unfortunately mail only (UKCPS).

Q. Is it sufficient for me to get the complaint out today First Class?
Q, Should my complaint demand any action? e.g extension of appeal window, cancelling the PCN?

As a start:

I write to complain about your online appeals process operated via <link>, particularly as it relates to PCN number <redacted>.

As the the hirer/lessee of a vehicle in receipt of one of your purported 'parking charges', I attempted to lodge an appeal using the online portal. On no less than 3 occasions on the 7th June, and a further 2 occasions on the 8th June I was prevented from lodging an appeal, with the following message:

<screenshot>

Be advised that these dates are within the permitted period, per your own appeals process:

"In the event that you wish to dispute liability for this Parking Charge, within 21 days (beginning with the day after that on which this notice is given"
"Appeals can be made to the address at the top of this Notice or online via ukcps.zatappeal.com."

Your failure to operate an effective appeals process in line with your stated terms is wholly unreasonable.

I have kept proof of my efforts to make an appeal and will also be making a formal complaint about your predatory and aggressive conduct to your client landowner, as well as complaining in writing to my MP and ensuring that they are appraised of the debate where Parliament agreed by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''.

pcnthrowaway1

Quick update that the complaint letter has been sent first class and certificate of posting obtained. Their appeals website still fails to function correctly.