FlashPark - lease car - POPLA draft

foxrocks

Hi, I received a PCN from 'Flashpark' on 15/09 for my car, which is leased from VWFS. The contravention date was 11/08 and the notice date was 12/09. I sent an appeal (did not divulge the driver) using a template from here and it's been rejected, so it's at the POPLA stage now.

The PCN says they got my personal details from the DVLA, but I'm not the registered keeper (VWFS are), so is that accurate? Is it more likely that VWFS gave them my details? If so, then I have not received a Notice to Hirer (all I got was the PCN, nothing else), so I can appeal on that basis, yes?

Nothing was put on the windscreen. There is nothing on the PCN about POFA, on the front or back, so again I presume I can appeal on those grounds too?

Also the dates - I don't know how this works if the lease company were involved. All I have to go on are the dates on the PCN, which are more than 28 days apart. So can I appeal on this too?

Obviously will add in other templated stuff like signage, evidence of landowner authority etc. to make it as weighty as possible. Any other advice before I draft the appeal?

Fruitcake

You could either politely ask the lease co, or send them an SAR asking who requested your details and when.
Send an SAR to the DVLA and the scammers.

You should then be able to work out by what method the scammers got your details.

Whose name is on the V5? The lease co will be the owner. They will not be the registered keeper if you have the V5 in your name.

The POFA dates for a lease car are different to non lease vehicles.

foxrocks

VWFS register themselves as the keeper if you hire direct with them I believe. I do not have a V5 as a result.

nosferatu1001

We know how they got your data - from the lease company. Fairly obvious

However without also sending a copy of the hire agreement they cannot transfer liabilty to the Hirer. Pofa schedule 4 para 14.
SO thats appeal point number ONE on the POPLA appeal.

Fruitcake

nosferatu1001 wrote: »

We know how they got your data - from the lease company. Fairly obvious

However without also sending a copy of the hire agreement they cannot transfer liabilty to the Hirer. Pofa schedule 4 para 14.
SO thats appeal point number ONE on the POPLA appeal.

Agree, but it would be nice to have that information in writing from the DVLA and VWFS as proof that the scammers didn't follow the POFA.

nosferatu1001

They didnt follow the POFA anyway
As I bet £5 they didnt send the HIre agreement. Perhaps the OP can explain
As such no matter what, they didnt comply with POFA.

foxrocks

Nope, they didn't send any hire paperwork with the PCN.

Also the PCN makes no mention of POFA 2012 anywhere - I see the sticky thread calls this a 'Golden Ticket' when referring to Parking Eye PCNs, so does that also apply here to this Flashpark one?

nosferatu1001

ITs a golden ticket, yes, as they cannot possibly hold the keeper liable
THey do not HAVE to mention POFA, but they do have to state the keeper can be held liable.

foxrocks

The PCN text does say the keeper can be liable, but as mentioned I am not the keeper. The text reads

"If after 28 days after this notice the parking charges are not paid and you have not told us the name and address of the driver, we would have the right to recover unpaid charges from the registered keeper."

So I guess I can't appeal on that basis after all? But I'm still probably ok in theory because of the non-compliant hirer notice?

nosferatu1001

Yes, but as pointed out, just saying it, doesnt make it so
Missing it measn they *cannot* hold the keeper liable
Having it means they *can* but ONLY IF they met every other condition. Para 14. You have read this by now?

StaffsSW

VWFS - may well be the Registered Keeper, but that doesn't necessarily make them "the keeper"

“keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper;

It's a lovely point to note for us fleet operators

But as above, fails to comply with POFA 13 & 14 to hold the hirer liable either, so should be an easy win at POPLA.

Given that Flashpark is a trading name of VCS, I'm a little surprised that they don't use the IAS.