Lease car & Care Parking Metrolink Stretford

XinoFumeiro

Hi guys,

I have spent hours reading the Newbies thread and previous posts. I´ll go straight to the point on this one.

According to Care Parking, the driver parked on 19 February 2019 in a No Parking Area in Metrolink Stretford, which is own by Transport for Greater Manchester.

It is important to mention it is a lease car. I lease it from NHS Fleet, which at the same time leases it from a third company. From the information I have gathered:

1. Care Parking sent a Notice to Keeper first to this unkown company. They nominated NHS Fleet as Hirer. I ignore the dates
2. When contacted, NHS Fleet nomitated me as Hirer on 10th May 2019.
3. I received a Notice to Hirer by post dated 17th June 2019

In my opinion I can use on my appeal to Care Parking the fact that it took longer than 21 days to contact me since NHS Fleet nominated me, and maybe also the fact that Byelaws apply to Metrolink Parking. What are your advices? Should I stick to the first, and appeal using Edna Basher´s template:

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,

[Insert squiggle as signature]

Should I mention on the appeal the fact I know the date NHS Fleet nominated me? Should I also mention the fact that the parking is owned by Transport for Greater Manchester, byelaws apply and so on?

Thank you in advance
The Hirer

Coupon-mad

Just use that template you found. Good research.

I received a Notice to Hirer by post dated 17th June 2019

In my opinion I can use on my appeal to Care Parking the fact that it took longer than 21 days to contact me since NHS Fleet nominated me, and maybe also the fact that Byelaws apply to Metrolink Parking. What are your advices?

No need to add more at this stage. Save that for POPLA.

The main fault with the NTH is not the 21 days! It's the lack of statutory enclosures.

KeithP

Don't forget to change Highview to something more appropriate in that template before sending - twice in fact.

XinoFumeiro

Both noted. Thank you Coupon-mad and KeithP

Redx

I assume there were no hire or elase docs with the NTK


if not, that is a killer blow for them , never mind if POFA applies or if they failed POFA if it did apply (the land ownership question about TfGM and stations etc in the METROLINK domain is very complicated and convoluted , such that I do not believe that Keolis Amey or TfGM or anyone else understands the connotations or nuances


doesnt really matter what the driver did or didnt do on the day if they fail procedures and red tape paperwork, hence why you save that aspect for popla


yes use the EB template to get the popla code, because CARE wont cancel on the first appeal

The_Deep

According to Care Parking, the driver parked on 19 February 2019 in a No Parking Area in Metrolink Stretford, which is own by Transport for Greater Manchester.

Surely this is not relevant land and therefore there is no keeper liability under POFA.

Nine times out of ten these tickets are scams 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.