PCN for 19 minutes

pcnbasher

Received a letter PCN from ParkingEye

The driver parked up and walked to the machine to find it broken and not accepting change waited for someone else to try it and still wasn't working so went back to the car and left

The car is leased but it doesn't look like the mail has been redirected or anything so they must have requested info from the lease company.

I have copied another poster's message here and plan to send if appropriate:

Dear Sir/Madam
Re: PCN No.
I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to myself at the address listed below:

My street
My Town
My Postcode
I am the vehicle's hirer 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), Civil Enforcement has no reason to contact LEASE COMPANY again regarding this PCN

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

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.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge.

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,
My name

Would this be acceptable for my situation?

thanks

Coupon-mad

Yes except that one says 'Civil Enforcement'. It's fine to use.

Choose 'lessee/hirer' in the Dropdown menu when appealing.

And please now read the end of the POPLA DECISIONS sticky thread at the top of this forum (NOT the start!) and see the outcome this week that shows you how a lessee/hirer case can be won v P/Eye at POPLA stage.

You should also try a landowner complaint, as a broken machine then a fine is worth complaining about. The landowner can cancel P/Eye scam charges.

pcnbasher

Coupon-mad wrote: »

Yes except that one says 'Civil Enforcement'. It's fine to use.

Choose 'lessee/hirer' in the Dropdown menu when appealing.

And please now read the end of the POPLA DECISIONS sticky thread at the top of this forum (NOT the start!) and see the outcome this week that shows you how a lessee/hirer case can be won v P/Eye at POPLA stage.

You should also try a landowner complaint, as a broken machine then a fine is worth complaining about. The landowner can cancel P/Eye scam charges.

Thanks for the reply.

Just to ensure I have read the newbie post properly - I have submitted an appeal via the Parkingeye website and if they reject it I then submit an appeal to POPLA?

Once I receive a decision from POPLA I then submit the result only to the POPLA forum thread?

thanks

Redx

More or less

Personally I would add the popla decision onto this thread as well

The_Deep

There signs are not up to snuff imo, read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

and enlist the support of your MP as they are obviously trying to scam you.

Nine out of ten of these so called breaches of contract are scams

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
i

MistyZ

Would like to see P.E. back off after the initial appeal but I don't think that's very likely. So POPLA is very likely as is a win for the Hirer at that stage.

Do complain as effectively as you possibly can to the landowner right now with a strong request for cancellation. Although Hire Car POPLA appeals are not difficult to construct, it would be nice to circumvent that.

It would be as well to edit the first post to conceal identity of driver. PPCs lurk here and have been known to use people's posts against them.

pcnbasher

Quick update - my lease company has taken £12 out of my account - which I can only assume is an admin charge for the letter. Haven't received any sort of communication regarding the charge yet.

MistyZ

As admin charges go £12 isn't bad.

If determined to get it refunded, you can write to the hire company informing them that you are now dealing with this yourself, anticipate the charge being overturned and will be expecting a refund when that happens.

Quote their t&cs back at them as invariably they do not cover charging an admin fee for passing on invoices, much as there may be a lot of words which I'm sure they think cover all bases.

pcnbasher

MistyZ wrote: »

As admin charges go £12 isn't bad.

If determined to get it refunded, you can write to the hire company informing them that you are now dealing with this yourself, anticipate the charge being overturned and will be expecting a refund when that happens.

Quote their t&cs back at them as invariably they do not cover charging an admin fee for passing on invoices, much as there may be a lot of words which I'm sure they think cover all bases.

I'm not bothered about getting the money back but want to ensure that they don't keep sending letters through to the company so they keep charging me.

Do you think it would be worth contacting them to say I am dealing with it myself and don't bother to pass anything on?

Redx

Yes, do that asap

Once you have been named as Hirer and if this company fulfilled their obligations under POFA they are out of the loop and should leave you to deal with it

MistyZ

Having received the NTK / NTH from the PPC, the matter is now in your hands. I doubt the lease company will be contacted by the PPC again.

I assume their were no copies of hire documents enclosed in that letter and that therefore the Hirer is not liable for the charge(?)

Did you try a landowner complaint? People tend not to bother .... it's as if it's not exciting enough! But they work so well sometimes.