Is there a time limit for postal pcn to be sent by?

bondy_lad

My son has today confirmed that the pcn went to the hire company first,they then gave them his name and address to which he has received a letter stating,parking charge notice,,should he have received some other documents as I am a bit confused,,also he has been back to car park today,taking a photo of signage,there is none anywhere other than in the spot where he parked and it’s only a very small sign,not only that he actually reversed into the spot so had no chance of seeing it anyway,could he use this in his appeal.?,,,offence took place on 19th,,,hire company received pcn on 23rd,replied on 27th,,he then received pcn through post ,which twas dated following month on the 28th,,actual delivery date was 31st but as I say no other paperwork received,,any advice appreciated as to way forward,have read Edna brasher thread,.

Coupon-mad

the pcn went to the hire company first,they then gave them his name and address to which he has received a letter stating,parking charge notice,,should he have received some other documents as I am a bit confused

Yes, a Notice to Hirer MUST include other documents and you can see that easily set out in para 13/14 of Schedule 4, that is shown as a link in the NEWBIES thread.

You need to understand that the very last thing the HIRER should do, is to send an appeal talking about how THEY PARKED...! The entire point of being the 'hirer' (for appeal purposes) is to stay as the 'hirer' and not hand the parking firm the driver's details.

The hire firm has not named the driver. They named the hirer. That's how he appeals, using Edna Basher's words as hirer that talks about the POFA.

Then he wins at POPLA in a similar vein, but a longer appeal, never saying who parked.

bondy_lad

Cm,,many thanks,will update with outcome.

Coupon-mad

Happy New Year bondy lad. Long time no speak!

bondy_lad

Hi folks,further update,my son contacted the lease company who said,yes,they sent his details to f.p.but they did not send copy of hire agreement as they are not a hire company but long term lease company?,,,he told them under no circumstances must they pay this charge,the response was,,,if f.p. Come back to us after 28 days from days fro sending new pcn to my son to say pcn remains unpaid,they WILL pay it and then transfer charge to my son??,,so for obvious reasons there was no copy of “hire agreement “ enclosed with his pcn,,where do we go from here,,,many thanks.

Cm,,,same to you,stil doing my bit at peel centre,doing there heads in basically,but the fight goes on,,not been 100% wel for some time ,hence my lack of posting.

Redx

he would have to check the T & C,s on the lease agreement, to see if they can transfer liability to your son

if it mentiosn private parking charges, then they could do so, if not then although they can pay it if they so wish, they would not be legally entitled to chanrge your son, because it is not in the agreement

once they have named the lesee (which they have done), they are no longer liable under POFA2012 , HENCE WHY THEY SHOULD NOT PAY IT BECAUSE THEY HAVE COMPLIED WITH POFA

its important that you get your head around these contractual obligations, on all parties

"fines & penalties" may be in the lease agreement, but this is neither, its a private parking charge notice, so what it says in those T & C,s is of great importance, to both sides

Coupon-mad

He needs to ensure the PPC write to him, not the lease firm.

bondy_lad

Coupon-mad wrote: »

He needs to ensure the PPC write to him, not the lease firm.

How does he now formulate a letter? What should he put,he is panacking and wants to pay up and today is the last day at a reduced rate,would really appreciate guidance here,,many thanks to all

Just an add on I have just spoken direct with lease company (given permission)they were very polite and listened,but under their t&cs it says,,,fines and penalties,,I explained again,reply was ,, “ we will get taken to court if we don’t pay” quoting the “ beavis case”,,,the outcome was,,they have put a note on my sons file,not to pay,and if they receive any further correspondence they will contact me direct,,again,the operator said,,we always pay up when requested and charge the hirer?..

Umkomaas

How does he now formulate a letter?

He doesn't need to. Edna Basher has already written a template to use as the 'hirer' of a vehicle and it's all ready to copy and paste from near the foot of post #1 of the NEWBIES FAQ sticky.

bondy_lad

Umkomaas wrote: »

He doesn't need to. Edna Basher has already written a template to use as the 'hirer' of a vehicle and it's all ready to copy and paste from near the foot of post #1 of the NEWBIES FAQ sticky.

I am struggling a bit,,is it the letter dated,7/1/16 on post 10,that I should use?