PCN Lease car

Shoppingallday

A PCN has been received, from what they call the PCN admin centre, the vehicle was parked in a car park where a permit is needed, one was in the windscreen, but the other cars had one and it looked different, so not sure if its out of date, The hirer is in contact with that company to see if they have changed the permits but as of yet has not received a reply.
There was no notification on the windscreen, the first notification received was what the PCN admin centre are referring to as a Notice to driver. It was addressed to the hirer of the vehicle.
On the reverse it says appeals can be made within 21 days, if rejected it can be referred to the IAS.
I have read the newbies post and was a little bamboozled by the content and acronyms I want to make sure I send the right letter,
Am I Ok to send the Edna ABC Company letter, should I mention re the permit??
Tomorrow is day 21 so I am Ok to send it tomorrow I assume?
Any help appreciated?

Parkingfines

Which parking company is it

Shoppingallday

It says the Client is Comprehensive Management Services Ltd, the letter is from PCN admin centre trading as ZZPS Limited.

Coupon-mad

Am I Ok to send the Edna ABC Company letter?

Only if the hirer is a company.

How do people keep missing Edna Basher's other one, for individuals?

Shoppingallday

I lease the vehicle from a leasing company and I am now even more confused as to which letter I should be sending, I have this example:


Re PCN number:

I appeal and dispute your 'parking charge', as the lessee of the vehicle. I deny any liability. I therefore request that you cancel this PCN with immediate effect.
Subsequently I request all future correspondence be sent directly to myself at the address listed below:

My street
My Town
My Postcode
There will be no admissions as to who was driving and no assumptions can be drawn, nor was there an agreed contract.


Should you fail to cancel this PCN, I require with your rejection letter, all images taken of this vehicle & the signs at the location that day. Do not withhold any images or data later relied on for POPLA/court.
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), PCN admin centre has no reason to contact LEASE COMPANY again regarding this PCN.
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.

I will be making a formal complaint about your conduct to your client landowner, as well as complaining in writing to my MP.

Formal note:

Service of any rejection letter/POPLA code and/or legal documents by email is expressly disallowed. All responses to me from this point on, must be made by post. Regardless of any MCOL online/email system, service of any court claim must only be made by first class post to the latest address provided by me.

Yours faithfully,
Would this suffice and do I need to mention that the hire documents were not enclosed with the letter??
I just want to make sure I get it right, so apologies if this is covered in the newbies section.

Shoppingallday

I have also found this, would this be better??




I refer to the above-detailed Parking Charge Notice issued to me.

I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 and 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 your Notice to Hirer 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 in particular.

Given that PCN admin 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.

Fruitcake

The question C-m has asked is, are you leasing this as a company (representative such as fleet manager) or as a private individual?

Use whichever lease/hire appeal letter is applicable.

Shoppingallday

I lease as an individual, both the above examples refer to a lessee/ hirer, does it make a difference if I am a company or individual??

Coupon-mad

The one in post #6 is best but you won't get POPLA so remove stuff about that.

The NEWBIES thread tells you first, to look on the PCN to see whether your PPC is in the BPA (= POPLA is available) or IPC (no POPLA available and the alternative 'IAS' is widely considered a worthless and biased kangaroo court.

You'll have spotted then, that your lot are in the IPC:

https://theipc.info/aos-members/c

...send the appeal from your post #6 (with your name and postal address of course) without referring to POPLA, then DO NOT TRY IAS.

Sit tight and ignore after that and come back if they try a small claim.

Shoppingallday

Thank you, I've sent my appeal. Fingers crossed.

Coupon-mad

Well no, I don't think you are getting it about IPC 'appeals'. I hope you understand there is no point crossing fingers for six years, you need to be confident to sit tight and know that you might get a court claim, but that we beat them 99% of the time here.