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ParkingEye PCN issued to company for company car

Hello

A PCN has been issued for the company car that I have main use of.
The PCN from ParkingEye and contains the POFA paragraph.

The driver pulled into a tiny little car park in a town centre to answer a phone call. Stopped at the end of the car park near a youth club (not in a space) and answered the call.
During this time an assumed youth worker or similar arrived, parked the driver in and started carrying boxes in. The driver waited for the parker-iner to return before driving out the car park. The time the driver was in the car park was a little over 20 min all in.
Signs weren't viable at all. The driver didn't even realise there were any there.
But the car was snapped in and out on the cameras.

Can I just check that this is the best starting point to contact them with and then hope the NtH is overdue? And argue this with Popla?

Dear Sir/Madam
Re: PCN No.
I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to myself at the address listed below:

My street
My Town
My Postcode
I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), Civil Enforcement has no reason to contact Lex Autolease again regarding this PCN

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 were not seen by the driver, are in very small print and the terms are not readable to drivers.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge.

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,
My name


Thank you very much for your help.

GreenSheep

Comments

  • Castle
    Castle Posts: 5,092 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If the company is the RK then there won't be a NTH.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    So has the company responded naming the Keeper?
    Will they?
    Is the vehicle on lease? If it is then the company is highly unlikely to have the V5.
  • Sorry. I may be muddled, then...
    The company I work for own the car. But I am the day to day driver. Others are able to drive it when needed.
    The company I work for have only recieved a PCN from ParkingEye which they have forwarded to me in the internal post. They haven't replied.
  • 'Date of Event' noted as 22nd November
    PCN 'Date Issued' noted as 27th November
  • Castle
    Castle Posts: 5,092 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What are PE claiming the driver did; for example, failed to pay, overstay, permit only?
  • Quote:
    The signage, which is clearly displayed at the entrance to and throughout the car park, states that this is private land and that the car park is managed by ParkingEye Ltd. In addition the signage states that, as a patron only car park, a Parking Charge is applicable if the motorist fails to enter their full, correct vehicle registration into the terminal in reception. The signage also contains further terms and conditions associated with this car park by which those who park in the car park agree to be bound.
    By either not purchasing a valid pay and display ticket, by remaining in the car park for longer than permitted, or by not entering your registration details via the terminal, in accordance with the terms and conditions set out in the signage, the Parking Charge is now payable to ParkingEye Ltd (as the Creditor).
  • Talk of the devil. I've just recieved a reminder sent over to me in the company's internal post..
  • Anyone know if the blue text I've posted above is the best place to start in my circumstances?
    Sorry to be a pest but I need to get a reply in tonight before I go away tomorrow morning..
  • Le_Kirk
    Le_Kirk Posts: 26,446 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    GreenSheep wrote: »
    Anyone know if the blue text I've posted above is the best place to start in my circumstances?
    If you got it from the NEWBIE section at the bottom of post # 1 and followed a link written by Edna Basher, I would suggest it's fine, provided it fits your circumstances and is for the correct PPC.
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