PCN for Lease Car User

JohnDoeBoy

Hi All

First off great resource you have created on this forum, lots of very useful information.

I need a quick bit of advice. I have a lease car (so technically I don't believe I'm the registered keeper, I don't have the V5 etc).

I received a PCN (based on ANPR camera's) from Total Parking Solution for an alleged contravention of no payment on 11th March 2019, the notice itself is dated 3rd May 2019. The notice references schedule 4 of POFA 2012 and is referring to me as the keeper of the vehicle.

As I understand it this is technically not true as the lease company (in this case VWFS) is the keeper and I'm the Hirer based on the definitions in POFA. I've spoken to VWFS and they did initially receive the PCN on the 3rd April and they sent my details back to Total Parking Solutions.

I intend to appeal this however I do not know which is the best route to take, as i see it I have two avenues available to me:

• If I was the keeper the notice is well outside the 14 days they have to send me it (and infact the notice to VWFS was also outside this period)
• As a hirer they have sent me the wrong documentation (no mention of me as a hirer and none of the other docs they are supposed to provide under POFA)

Any help appreciated

Redx

a lessee , hirer , day to day keeper , company car keeper , motability vehicle keeper , all are KEEPERs and the lease company or hire co have named the keeper (the day to day keeper)

see the bottom of post #1 of the NEWBIES thread for the info you need , read any and all of the posts by edna basher , plus read the appropriate section of POFA as detailed by edna. he tells it like it is , including timescales and the fact the hire or lease docs must be included with that NTK (or NTH - Notice To Hirer) issued to you as keeper of the vehicle

choose the best appeal from his examples and appeal as KEEPER (be it lessee or hirer , or day to day keeper, YOU are that KEEPER)

do not tell anyone who was driving

they have probably failed POFA on timescales and also by not including the hire or lease docs , so as KEEPER you should win this

The_Deep

They are obviously trying to scam you so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

JohnDoeBoy

Thanks both, I've read quite a lot of edna bashers stuff. I was getting a little confused around terminology but Redx response makes sense.

Coupon-mad

As a hirer they have sent me the wrong documentation (no mention of me as a hirer and none of the other docs they are supposed to provide under POFA)

It's this point that applies and will win it at POPLA, unless the Assessor is asleep.

JohnDoeBoy

So I am now at the point of writing POPLA appeals for this. Is it enough to say the following?

The vehicle in question is leased, I am the hirer of this vehicle. There is more than one regular driver of this vehicle.

I stated in my appeal that I do not know who the driver was when the PCN was issued, the contravention date stated is xxxxx 2019 however the PCN was not received by me until xxxxx 2019.

The PCN mentions that schedule 4 of the Protections of Freedoms Act 2012 (POFA) will be used to recover payment from myself as keeper if the driver cannot be identified. The PCN I have been supplied with does not comply with the POFA 2012 legislation in this instance. The documents and process described in paragraph 13 of POFA 2012 and paragraph 14 of POFA 2012 that are relevant to my situation as a hirer have not been provided to me or followed by Total Parking Solution Ltd.

As the driver cannot be identified and the legislation the parking provider is relying on to recover the PCN from myself as the keeper has not been complied with I believe this charge should be cancelled.


Do I need to be more specific?

Redx

I would be more specific and read hirer/lessee popla appeals that a hirer or lessee has written and adapt one, including say 4 or 5 points in total, which include your points

JohnDoeBoy

I've read a fair bit on the forum including some winning appeals and POPLA decisions on winning appeals.

I've gone for the following:

The vehicle in question is leased, I am the hirer of this vehicle and am appealing this PCN on the following grounds.

The PCN mentions that schedule 4 of the Protections of Freedoms Act 2012 (PoFA) will be used to recover payment from myself as keeper if the driver cannot be identified. As the driver has not been identified I assume this is legislation Total Parking Solutions Ltd are relying on to claim the PCN charge from myself. The provisions laid out in PoFA 2012 will need to be followed in order to transfer liability from the keeper of the vehicle to the hirer of the vehicle. PoFA 2012, paragraph 4 (1) states “the creditor has the right to recover any unpaid parking charges from the keeper of the vehicle”. Section 13 (2) proceeds to state: “the creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given – (a) A statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b) A copy of the hire agreement; and (c) A copy of a statement of liability signed by the hirer under that hire agreement.” Section 14(2)(a) requires the documents referred to above to be sent together with the PCN to hirer. At no point have Total Parking Solutions Ltd provided me with any such documents and they failed to acknowledge this when I appealed.

Having visited this car park the signage is woefully inadequate. The entrance signage is not readable as it is placed on the junction of a busy road providing a driver no opportunity to read it in a safe manner, it does not state the parking charges or any penalties. It is possible to park in the spaces closest to the railway line or closest to the road in the car park and walk to the platform and have no sight of any signage detailing parking charges, penalties and terms and conditions as per the requirements of both PoFA 2012 and the BPA of which Total Parking Solutions are a member. Please see uploaded photo’s of signage and map of the car park, note these are taken in day light from a standing position and are still illegible.

Total Parking Solutions are relying on ANPR camera evidence in the PCN, the photo’s shown as evidence do not show the vehicle with a legible number plate, they show a grainy picture of a vehicle from which it would be difficult to identify a make and model along with a seperate picture of my number plate. The pictures are not time and date stamped, rather the purported entry and exit times and dates are written separately. This is not compelling evidence that the car in the picture in fact has the license plate identified nor that the times and dates recorded are at all accurate.