Lease Car PCN Appeal - Notice to owner

seamuswong

Hello all


I am sorry to start a new thread but I cannot find the correct information for this case after trawling the forums.


Alphabet the lease company have given my details to Smart parking and alphabet have charged me for the privilege. Alphabet have sent the initial PCN titled "notice to owner" rather than hirer roughly 45 days after date of offence, do I just use this template?


Dear Sir,


Parking Charge Notice XXXXXXXXXX




I refer to the above-detailed Parking Charge Notice issued to me by Smart Parking Ltd as a Notice to owner. I confirm that as the owner 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 ES'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 ES has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, in my opinion, there is a better alternative than legal proceedings, namely that we utilise the services of a completely independent ADR service suited to parking charges. This does not include the IAS appeal service - which lacks any transparency and possibly any independence from the IPC - unlike the alternative offered by the British Parking Association, POPLA, which is transparent and has been shown to be independent.
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


As I am not the "owner" of the car rather the hirer which one do I confirm I am or does that not matter?


Many thanks for your help!

Quentin

Everyone is asked to read up on this in the newbies faq thread near the top of the forum before starting a new thread

Go there now to get an understanding of the game you are now caught up in and how to deal with this

There is specific advice to lease car drivers included there

D_P_Dance

Read what one MP said in the House of Commons recently about Smart Parking then complain to your own MP.

"I am sick and tired of receiving emails from people complaining about the behaviour of parking companies, telling me that they will never again visit Perth city centre because of the negative experience they had when they had the misfortune to end up in a car park operated by one of these companies. I have received more complaints about one car park in the city of Perth than about any other issue. That car park is operated by the lone ranger of the parking cowboys: the hated and appalling Smart Parking—I see that many other Members are unfortunate enough to have Smart Parking operating in their constituencies. It has reached the stage where one member of my staff now spends a good part of each day just helping my constituents and visitors to my constituency to navigate the appeals process.
…
The BPA does not have the ability to regulate these companies and has shown no sign whatsoever that it is trying to get on top of some of the sharper practices. The BPA gives a veneer of legitimacy to some of the more outlandish rogue operators by including them in their membership, allowing them to continue to operate. The Bill will oblige operators such as Smart Parking to amend their practices."

Pete Wishert SNP Perth

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 become so widespread that MPs agreed to enact a Bill to regulate these scammers. It received The Royal Assent today.

seamuswong

Ive read the newbies post it and the lease draft responses to copy don’t seem to be relevant to my case.

The pcn has been addressed to me so I can use the standard response on newbies thread but this response I found seems to be more fitting

KeithP

seamuswong wrote: »

There are a number of reasons why ES's Notice to Hirer...

Why are ES mentioned here?



Anyway, perhaps you should be using one of Edna Basher's templates for hire/lease vehicles found towards the bottom of post #1 of the NEWBIES thread.

Tell us again why you think this template doesn't fit your situation:
forums.moneysavingexpert.com/showthread.php?p=69859059#post69859059

seamuswong

By the dates I’ve calculated they were compliant with the time elapsed between finding me and sending the notice. They sent within 12 days.

Does that matter?

Ive sent the standard reply now, can I respond with Edna Bashers response after or have I blown it