PCN for Lease Car Vehicle

MeachelleM

I manage a fleet for a company with vehicles leased from Lex Autolease. I have today received a PCN in the Post from PCN Parking Solutions, PO Box 5419, Hove, BN52 9An (Topher Ltd) for one of our lease vehicles.
The date of posting is printed 08/08/2018 and was delivered by Royal Mail today (13/08/2018). I have read the Newbies section of this thread and was hoping to appeal the PCN, stating I was unable to identify the driver but none of the drafts, (in particular with regards to lease vehicles) seem applicable to the PCN we have received. The details are as follows:
Location - Homebase, Pines Way, Bath
Time of Issue of Notice to Driver - 01/05/2018 13:46
Administration Charge - £0.00
Total Amount Due - £60.00
Reason for Issue - Overstay
A Parking Charge Notice (PCN) was issued to the above vehicle, Vehicle Registration Mark ******* because it was parked on private property on the date and times shown above and the reason for issues was namely: Overstay.
An opportunity was provided for the PCN to be challenged and a discount for prompt payment was offered at the time. (I presume to Lex Autolease) The driver must now pay £60.00 within 21 days as the opportunity to challenge this PCN or pay the discounted amount has expired. Furthermore, Administration Charges have been added in accordance with the Terms and Conditions of parking and these are specified above and included in the Total Amount Due.
As the PCN remained unpaid at the end of 28days, we obtained details of the registered keeper of the vehicle. We have been informed by the Registered Keeper of the above mentioned vehicle that you were the hirer at the time of the parking event. The Terms and Conditions, to which the driver agreed to be bound by entering the location, were clearly displayed in prominent places throughout the location.
Please not that this is Parking Charge Notice and not a 'penalty' or 'fine'. This notice will be deemed to have been served on the second working day after the day of posting unless contrary is proved.
IMPORTANT NOTICE TO HIRER
At the time of issuing this Notice, we are not aware of the name and current address of the driver at the time of the parking event. Under Schedule 4, paragraph 14 of the Protection of Freedoms Act
2012 the hirer is responsible for the payment of this PCN if it remains outstanding ager 21 days beginning with the day after the date of this notice. In the event on non-payment, we reserve the right to pass this matter to our appointed Debt Collection Agency and the costs of recovering this PCN will be added to the amount outstanding.


Can anyone offer me any advice in light of the above statement? I am reluctant to ignore this letter as it is addressed to the company.


Any advice on how to appeal will be gratefully received.


Thanks in advance

twhitehousescat

and the parking Co is? , ahh edit: Topher Ltd

http://www.parkingappeals.info/companydata/Topher.html

MeachelleM

As far as I am aware it - PCN Parking Solutions, PO Box 5419, Hove, BN52 9AN, as mentioned at the top of my thread. There is also Topher Ltd printed on the PCN. The Registered office is 2 Maritime House, The Hart, Farnham, Surrey, GU9 7HW (No. 06126075)

twhitehousescat

https://beta.companieshouse.gov.uk/company/06126075/officers

PCN Parking Solutions, PO Box 5419, Hove, BN52 9AN are merely "back office" and used by smaller companies , often adding "extras" on illegally

MeachelleM

Thank you twhitehousescat.


Looking at the first link you posted are you suggesting I should send an appeal merely stating I am unable to identify the driver as I was going to.


I am concerned as they have stated on the PCN that the 'hirer is responsible for the payment'

Coupon-mad

I have read the Newbies section of this thread and was hoping to appeal the PCN, stating I was unable to identify the driver but none of the drafts, (in particular with regards to lease vehicles) seem applicable to the PCN we have received.

What about the draft by Edna Basher about 'ABC company' or another post by him?

Search the forum for ABC appeal and change the default to show POSTS (not threads) only looking for posts by Edna Basher, in this forum board only.

Use ADVANCED search and you must choose 'show results as' POSTS, not threads.

Edna_Basher

Topher Ltd have failed to deliver a "Notice to Hirer" in full compliance with the requirements of Schedule 4 of POFA and they are therefore trying it on when they state that the hirer will be responsible for payment if the PCN remains unpaid after 21 days.

If Topher Ltd had been a BPA-accredited operator, your company could probably have killed this charge off in two stages (i.e. an initial "appeal" to the parking company followed-up by a POPLA "appeal" after the inevitable rejection at the first stage).

Unfortunately Topher Ltd are an IPC-accredited operator which means that they will offer the IPC's "Independent Appeals Service" (IAS) rather than POPLA as a means for Alternative Dispute Resolution.

Last month, the IAS was named and shamed in Parliament with MPs being told that it delivered adjudications containing cut and paste answers, dubious legal statements etc. It was made very clear to MPs that although it is claimed by the head of the IAS that this is a completely independent and fair process, it is not.

https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)

Your company needs to treat this as a formal dispute rather than an appeal (I really dislike using the word "appeal" in any correspondence with private parking companies because this gives them and their parking charge notices a degree of credibility which they do not deserve).

You could write something along the lines of:

Dear Sir,

Parking Charge Notice Ref. 123456: Vehicle Registration FU02PPC

We are in receipt of the above-detailed Parking Charge Notice ("PCN") dated 8th August 2018 and issued by Topher Ltd to our company [ABC Ltd] ("[ABC]") in respect of an unpaid parking charge allegedly incurred at Homebase, Bath on 1st May 2018.

We confirm that ABC is the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 ("POFA") and we write to dispute this PCN.

Although the PCN states the reason for issue as "overstay", it provides no evidence to support this claim. In the absence of any conclusive evidence in support of the alleged breach, we trust you will agree that it would be unreasonable for Topher Ltd to expect us to pay this charge.

Notwithstanding this, the PCN failed to comply with the strict requirements of Schedule 4 of POFA and consequently Topher Ltd has forfeited any right to claim unpaid parking charges from [ABC] as the vehicle's hirer and keeper.

Within 28 days please provide us with written confirmation of Topher Ltd's acceptance that it cannot and does not hold [ABC] liable for this parking charge and that this is now purely a matter between Topher Ltd and the driver.

Thank you for your cooperation and we look forward to receiving this confirmation.

Yours faithfully etc.

Topher Ltd will inevitably reject this request. However, for the reasons highlighted last month to MPs in the House of Commons, there will be no point in taking up their offer of the IAS.

MeachelleM

am very pleased to say I have received this response:

Dear Sir/Madam

Thank you for your email.

I can confirm that upon review of the account, the PCN has been closed and no further action will be taken in regard of this.

Thank you for your support


:T

Coupon-mad

Wow, a slam dunk same-day win by Edna Basher's draft appeal for companies!

:T

Edna_Basher

Excellent - well done MeachelleM. I'm really surprised to see an IPC company throw the towel in so meekly.

hepher11

Hello

Having read this thread along with the newbies thread I find myself in a very similar situation and i'm looking for further guidance if possible. I have already put quite some time in to this and i am now wondering whether to appeal further or just pay up,

I am the hirer of a company car which my company hires from Lex Autolease. The first correspondence i received regarding this PCN was an admin charge of £10 received from Lex, as i had not received anything through the post I contacted Lex and requested a copy of the NTK. Issue Date 08/06/18 (Please note VCS are an IPC Member according to their correspondence)

While speaking to Lex they also informed me of the date they provided VCS with the details of our companies hire contract with them, this date was 26/06/18

The next correspondence received was an NTK from VCS addressed to the company, Issue Date 13/07/2018

Having read alot of threads in particular those of Edna Basher i then made an appeal online using their myparkingcharge online process This appeal was made on 26/07/18 and it was as follows;

Parking Charge Notice Ref No:[######]: Vehicle Registration [######]

I refer to the above-detailed Parking Charge Notice “PCN” issued to me by Vehicle Control Services Ltd “VCS” as a Notice to Keeper. I confirm that I am the hirer of this vehicle. The Hire Company inform me that they have provided VCS with the details of the hire agreement on 26/06/18.

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 Vehicle Control Services Ltd’s Notice to Keeper 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 of POFA in particular.
In addition to this, the vehicle was not parked illegally it was used to make a delivery. This area is a known and regularly used loading area to make deliveries to numerous shops and businesses. There is no other way of making deliveries to these shops and businesses via transport. The Parking notices are also poorly displayed, they were not noticed at the time of the delivery being made and having viewed the images it is clear to see that they are not very noticeable.
Given that Vehicle Control Services Ltd 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,

Following the appeal i made i have now received a letter form VCS via my personal email that i registered with the my parking charge online process. This letter is as follows;

17 August 2018

Dear Mr,

Re: Parking Charge Notice Number VCS###### (Vehicle:######)
Site: Castle Walk Car Park Issue date: 13/07/2018

We refer to correspondence received from you concerning the above numbered Charge Notice.
Please note that responsibility for this Charge lies with the driver of the vehicle at the time the parking contravention was observed. However, we are unable to ascertain who the driver was on the date in questions from the information given within your appeal.
In order for us to process your appeal correctly, please follow the instructions below:

1. Notify the driver of the vehicle that they will need to appeal to us directly, including their FULL NAME (Forename and Surname) and a valid FULL SERVICEABLE ADDRESS within 14 days.

2. If you are representing the driver we require a signed and dated statement from the driver of the vehicle confirming that you are authorised to appeal on his/her behalf; this needs to be an original signature and not a photocopy or a stamp. The statement MUST contain the drivers FULL NAME (Forename and Surname) and a valid FULL SERVICEABLE ADDRESS.
Please ensure that correspondence is submitted through the portal myparkingcharge.co.uk in order to correctly adhere with the appeals process.
OR

3. Pay the PCN. Payments can be made online at myparkingcharge.co.uk by following the links for "Pay Now", or over the phone by calling 0845 226 9138 and using a valid Credit or Debit Card to make payment. It is your responsibility to ensure that payment is received within our office by the date specified.
As a gesture of goodwill we have placed the charge on hold for an additional period of 14 Days to enable one of the above actions to be complied with.
We are willing to re-offer you the original discounted charge of £60 as full and final settlement of this Notice, if payment is received within our office on or before the 31 August 2018. If payment is not received by this date, the amount payable will revert to £100. Failure to pay this charge within the stated times, may result in Debt Recovery Action being taken and further costs up to an additional £60 being incurred.
Yours sincerely,
Appeals Administration Team CENTRAL PROCESSING OFFICE

Apologies for my long winded post I just wanted to include everything in order to try and obtain opinions as to what I should do next, continue to appeal or just pay up.

Any guidance will be much appreciated, thanks in advance.