Advice please as not sure re appealing and personal details.

bingbong2018

I had posted already and have checked the newbie section on leased vehicles, but can someone please confirm for me so I am 100% clear.
I am appealing and can do it online with UKPC I guess as this is trackable.

Do I enter our details in the name and address section, we clearly are not the keeper/owner it's Mercedes Finance and I'm not admitting who the driver is, so that where I am confused?

Thank you in advance.

MistyZ

My understanding is that the hirer is the day to day keeper. Therefore you appeal as keeper assuming there's no 'hirer / lessee' option in the drop down box. There is a template (Edna Basher's) for hire car appeals to the parking company in the Newbies' section.

Hire car PCNs are said to be the easiest to contest if you follow the advice here carefully. I take it that the company has not complied with POFA by sending copies of the hire agreement etc. to the hirer? That's the winning point. Check it out on the Newbies' thread.

Whatever they may say, the parking company do not know who was driving.

The_Deep

Something you should know about these frausters and the scam they operate

http://parking-prankster.blogspot.com/

https://www.telegraph.co.uk/news/uknews/crime/11858473/Parking-firm-UKPC-admits-faking-tickets-to-fine-drivers.html

It is the will of Parliament that these scammers be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Fruitcake

MistyZ is spot on. The hirer/lessee is the day to day keeper and as such it is their details that are supplied to the scammers, along with the Edna Basher appeal template from the NEWBIES.

Take a screen shot of your submission.

Get photos of the car park entrance and signs. See if you can spot the parking charge on the signs from more than two paces away.

Please complain to your MP about this unregulated scam.

bingbong2018

Hi thank you all.
It was a windscreen PCN (we had a valid parking ticket but it had blown off the dash on to the seat - my husband did not know this.) So at this stage all we have is the physical ticket Mercedes have not yet been contacted.

I assume the edna letter does not apply at this time? I'm still very confused :-(

bingbong2018

(This is a leased vehicle.)

Ref: PCN
Dear ,

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement. There will be no admissions as to who was driving and no assumptions can be drawn.

Please find enclosed a copy of the 'Pay and Display' ticket ref 4216085. This was correctly obtained and printed by the driver for parking at the location free of charge during the correct time frame, print time 14.12 10th December 2018.

It was placed in a prominent position on the dashboard but this took about three attempts because it was a windy day and unlike local authority ‘Pay and Display’ tickets this one did not have a peel off adhesive sticker on the back to hold the ticket in place.

On returning to the vehicle, the driver found that a PCN (copy enclosed) had been placed on the vehicle.
The driver was shocked by this and looked for the ticket which was lying inside the car on the seat still visible, which due to the wind must have blown down after the door was shut.
The driver looked around the area for the parking enforcement warden with a view to presenting them with the ticket but none could be located.

Notwithstanding this, the actual position of the ‘Pay and Display’ ticket is not the issue here at all. The driver fully complied with the terms and conditions of parking as is a regular user of this car park knowing that a ticket must be printed and displayed. The only reason the ticket did not remain in place was the poor choice of stationery. The ticket is not fit for purpose as it did not have a sticky back and there was no way of keeping it securely on the dashboard.

You will no doubt be only too well aware that private parking is governed by civil contract law.

The Parking Charge Notice is a demand for £90.00, this far exceeds the cost to the landowner of the 2 hours of free parking. I therefore feel the charge you have asked for is excessive.

As neither the landowner nor his agent has actually suffered any ‘loss’ it is nothing more than a legally unenforceable ’Penalty’ charge. The local MP, landowner and the management of the stores visited by the driver have been contacted.

The driver therefore denies any debt to your company and will under no circumstances make any further payment nor enter into any correspondence. As members of the British Parking Association, you will also be aware that adjudicators cancel council tickets for such a failure.

As you have incurred no loss, due to the fact that there was a valid ticket printed and in the vehicle and the 2 hours free stay was not exceeded, I request that this ticket be cancelled.

Redx

seems ok but I would edit out the ticket ref above on here

double check that the driver has not been identified, as you are appealing as the hirer/lessee/keeper (day to day keeper) , then submit it if you are happy with it

which PPC is it

ps:- you should NOT have started a new thread for this, but added to your previous thread, so pm crabman or soolin and ask them to merge your threads into one continuous thread


its one topic, one thread on here please (unless this was a completely new case, which I doubt)

bingbong2018

Thank you will do, it's UKPC...!

It was a windscreen ticket only and today is day 23 so I think i have to send it in next few days.
As as far as i am aware the driver has not been named. I have contacted Mercedes finance to warn them etc
thanks again

Redx

ps:- you should NOT have started a new thread for this, but added to your previous thread, so pm crabman or soolin and ask them to merge your threads into one continuous thread

its one topic, one thread on here please


I would send it tomorrow (thursday)

bingbong2018

my apologies I did not realise I will do

soolin

threads merged as requested