Request for charge cancellation or POPLA code didn't work

vodevil

Hello, I received a PCN (notice to driver) from One Parking Solution after leaving my rented car for less than 10 minutes in one of their car parks (initial objective to visit a town, which we gave up on).

I've read the forum guidelines, example letters and similar cases and built my own response (below), which I sent to them, not confirming I was the driver (as I've seen mentioned several times on this forum).

Dear Sir/Madam
Re: PCN No. XXXXX
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 ADDRESS>

I am the vehicle's hirer and keeper 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 Hiyacar or any of its representatives 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 easily by the driver, are in very small print and the terms are not readable to drivers. The occupant of the vehicle, which has a mobility disability (called foot drop - neurology letters can be provided at a later stage if needed) had to leave the car to read the extensive small lettering signage to verify the parking admission conditions and associated costs. As your letter confirms by providing the "Contravention period", less than 10 minutes later the driver leaves the premises, after having read and understood the parking conditions and having rejected to accept them.

The BPA Code of Practice (13.4) clearly states that the Grace Period to leave the car park should be a minimum of 10 minutes. Whilst 13.4 does not apply in this case (it should be made clear - a contract was never entered in to), it is reasonable to suggest that the minimum of 10 minutes grace period stipulated in 13.4 is also a “reasonable grace period” to apply to 13.1 and 13.2 of the BPA’s Code of Practice.

Additionally, 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 OPS’s Notice 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.

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,

Around two weeks later I received a letter from them refusing to cancel and denying an appeal and saying they will revert to the registered keeper, the owner of the vehicle:

Thank you for your correspondence.
OPS were notified you were the driver of the vehicle at the time the parking charge was issued. You will note you were sent a Notice to Driver.
As you have denied being the driver we will revert to the keeper.
We are unable to consider an appeal from a third party.

with regards,
One Parking Solution Ltd.

So at this point I have no idea what to do now. Can/ should I still do something about it? Or should I just give up on it and pay before it gets worse?

Thank you for your help.

Half_way

Who's car park was this??

vodevil

I am not entirely sure, I would say maybe Lewes Council. It is on Eastgate Wharf in Lewes. I tried to post links to map and street view, but the forum does not allow me to post with links yet. The coordinates are 50.8743339,0.0148261.

Umkomaas

I am the vehicle's hirer and keeper 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 Hiyacar or any of its representatives again regarding this PCN.

If you're dealing with One Parking Solutions, why are you quoting Civil Enforcement (a totally different parking firm) in your appeal?

You will note you were sent a Notice to Driver.

How was that letter headed? You should have received a 'Notice to Hirer'.

Le_Kirk

Looks like an NCP car park if the co-ordinates are correct, link HERE.

Umkomaas

Le_Kirk wrote: »

Looks like an NCP car park if the co-ordinates are correct, link HERE.

There's another small car park just around the corner alongside St Peter and St James Hospice (shop?).

Can't zoom in close enough to read signage, but looks to be one that's infested!

vodevil

The reference to Civil Enforcement was a mistake copying from a template. I did not realise that was the name of a company.

The letter was headed "Notice to Driver". I can post the original letter I was sent if needed.

vodevil

It's the small one between the hospice shop and Laura Ashley.

Umkomaas

The reference to Civil Enforcement was a mistake copying from a template. I did not realise that was the name of a company.

Templates are so dangerous.

I'd write back to them confirming that you were the hirer of the vehicle, and their Notice to Driver has therefore been issued in error. You are under no obligation to tell them who the driver was, and you will not be doing so.

So tell them they need to cancel the charge or issue a POPLA code, using which you will be having POPLA cancel it.

Le_Kirk

vodevil wrote: »

It's the small one between the hospice shop and Laura Ashley.

Looks like it is a car park for BRC services and the rest are indistinguishable - Street View won't zoom in close enough to see.

The_Deep

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

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