ParkingEye Morrison

PuRa

Hi,

I have been reading all of the information I can about this, including POFA but my head is starting to spin!

I currently have a lease vehicle and the leasing company has sent me a letter including a Parking Charge Notice which was sent to them by ParkingEye. It is alleged that the vehicle I lease overstayed within Morrison car park by an hour and a half. The lease company has informed me that they have forwarded my name and address back to ParkingEye and that they will contact me.

Due to the length of time it has obviously taken to get to me (16 days) the offer of a reduced charge of £50 has expired (not that I would pay it anyway!).

My question is do I need to await ParkingEye sending me a Notice To Keeper or send an appeal requesting POPLA code or cancellation before this?

I am also struggling to understand the below within POFA...

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.
(3)The statement of liability required by sub-paragraph (2)(c) must—
(a)contain a statement by the hirer to the effect that the hirer acknowledges responsibility for any parking charges that may be incurred with respect to the vehicle while it is hired to the hirer;
(b)include an address given by the hirer (whether a residential, business or other address) as one at which documents may be given to the hirer;

... does this mean that the leasing company need to supply ParkingEye with my hire agreement and that within that it must state that I am liable for any parking charges uncured. If so then that is not possible because my lease agreement I have signed says absolutely nothing about parking charge liability etc.

I have read the newbie thead and also the template from Edna Basha but trying to understand its context a little more.

Thanks,

MistyZ

Parking Eye should send you a Notice to Hirer soon.

The key to contesting hire car PCNs is that, for some obscure reason, the hire companies only rarely supply the PPC with the documents mentioned in POFA. It is therefore equally unlikely that the hirer will receive such copies with their NTH, which is what POFA specifies should happen for the hirer to be held liable.

I would think that the fact that your lease agreement has nothing to say about parking charges is more relevant to contesting any admin costs that the lease company may try to bill you for. You've not mentioned any such costs so perhaps this company is an exemplary one that doesn't do that?

PuRa

Thanks. The leasing company has not applied any charges for notifying me but have said that if I do not contact the PPC and they are perused for the charges then they may cover these pass them on to me and also apply a £25 charge for doing so. I plan to write the leasing company however and let them know that I will contest and under no circumstances should they pay anything or get involved.

So are you saying that when the PPC send me the Notice to Keeper they must also include my contract and that outlined within POFA to me also and if not then they are in beach of this?

MistyZ

PuRa wrote: »

So are you saying that when the PPC send me the Notice to Keeper they must also include my contract and that outlined within POFA to me also and if not then they are in beach of this?

Yep, that's it. When you receive the NTH, appeal to P.E. exactly as per the instructions in the hire car section of the Newbies' thread - the appeal most people use is the second of the 3 Edna Basher links there.

Read around other P.E. hire car appeals on the board, it'll soon become clear and you'll be prepared for POPLA. (There's a chance P.E. will back off when they see the template, but I think that's unlikely).

Not sure how long you should wait for the NTH or what to do if it doesn't arrive .... but I am sure that's something that comes up on other recent hire car threads.

Your lease company does sound pretty reasonable!

Coupon-mad

Yes but Morrisons Head office cancel every single one when people complain, just search the forum for the word Morrisons and look for their 'donotreply' email addy that works within a week (even without a receipt, as long as you have the xxxxx/xxxxx PCN number).

Let us know once this is cancelled next week.

PuRa

Thanks. I have sent them a polite but firm and to the point email. Will await an outcome and/or NTH through the post from the PPC.

Redx

Whilst waiting, read what Edna basher posted yesterday in another thread about hire vehicles and about missing hire docs etc

He gave the whole explanation in one succinct post, including POFA, plus how the NTH almost always fails to include hire docs, plus timescales

Anything you want to know about hire or lease vehicles is in various posts by Edna basher