Britannia Parking PCN query

RedZed

Hi,
Asking for a friend... I've read the FAQ's but just need a quick bit of guidance from more experienced heads.

Friend lives in UK. He received a PCN from Britannia through the post. However its a NTK addressed to the lease company through which he has a private lease agreement. He assumes the lease company sent it on to him. The NTK was dated 18/12/2018 for a parking contravention on 11/12/2018. However he only received it around 15th Jan 2019. He actually wasn't the driver at the time.

He has the normal templated responses from the FAQ page but isn't sure if the fact that the NTK was addressed to the lease company and forwarded to him meant he needed to use slightly different wording within the appeal.

Any help would be much appreciated.

Redx

read and use the advice by EDNA BASHER at the BOTTOM of post #1 of that NEWBIES thread (not the blue text)

The_Deep

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

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 Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 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.

Coupon-mad

He should also upload on the appeals page, proof as to why he is authorised to appeal (BUT NOT a copy of his lease agreement!). i.e. attach a copy of the covering letter that came with the PCN - if any - or get him to get an email from the lease firm, confirming he is authorised to appeal and their intention was to transfer liability to him, as the hirer/lessee (NOT 'as driver'!).

No ticking 'driver' in any drop down menu either!

RedZed

Thanks Redx. I think the correct text to use is the one I've copied below. Obviously we need to change the parking company name, but its the text I've underlined that confused me. It was a Notice to Keeper sent to the leasing company, that they then forwarded on. Does this make any difference and should I amend the text in the template?

Thanks for your help!


Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Highview Parking Ltd (“Highview”) as a Notice to Hirer. 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 (“POFA”) 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 Highview’s 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 Highview 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.


Yours faithfully,

RedZed

Coupon-mad wrote: »

He should also upload on the appeals page, proof as to why he is authorised to appeal (BUT NOT a copy of his lease agreement!). i.e. attach a copy of the covering letter that came with the PCN - if any - or get him to get an email from the lease firm, confirming he is authorised to appeal and their intention was to transfer liability to him, as the hirer/lessee (NOT 'as driver'!).

No ticking 'driver' in any drop down menu either!

Thanks Coupon-mad

RedZed

Need a bit more help please!!

My friend does have a Notice To Hirer dated 08/01/2019. He is now (just) outside the 21 days given to appeal and was unable to submit this online just now. He was out of the country until mid Jan and has been catching up on paperwork over the last few days.

What is the best course of action now to appeal this?