Euro Parking Services - Jewellery Qtr Birmingham

sir_shad

Hi all

Seeking help for a friend. He hires a car from a local private hire company and uses it to work as an Uber driver. The private hire company received an NTK from Euro Parking Services for the vehicle he hired. The contravention is that he parked in a disabled bay without clearly displaying a valid disabled persons badge for all of 1min and 44 seconds. The private hire company have handed the letter to him to make payment. In seeking my assistance i did ask him if there was a disabled sign on the floor in the bay, to which he replied there was. Is there any grounds for appealing or should he just pay the charge?

Fruitcake

He should come here and read the sticky thread for NEWBIES, then send the initial appeal template from post 1 for hirer/lessee written by edna basher.
He should also tell the hire Co not to pay the charge but to discharge their liability by naming your friend as HIRER/LESSEE.

He should also get pics of the site and signage including the entrance as soon as possible.

After that he should read up on what to do if/when it is rejected.

The blue badge scheme does not apply on private land so in theory anyone can park in a disabled bay, but they shouldn't unless an occupant of the car was disabled.
If that was the case then an initial complaint to the landowner should be made.

If nobody in the car was disabled then your friend needs to learn not to abuse disabled bays. That's one of the reasons parking companies exist.

Redx

The private hire company should follow POFA , name the hirer so he gets an NTH in his own name (assuming that the hire company want a way out of it ?)

The POFA law has been with us and BVRLA guidelines are quite clear

Their NTK holds them liable unless they name the hirer and add their address

Why they cannot follow POFA after 7 years is beyond me

Read the Edna basher advice at the bottom of post #1 of the newbies faq sticky thread

Coupon-mad

Is there any grounds for appealing or should he just pay the charge?

Grounds for appeal, yes, but not as you might think.

Promise us:

1. DO NOT LET HIM WRITE HIS OWN APPEAL ABOUT THE STORY OF WHAT HAPPENED

2. DON'T LET HIM PAY.

3. THE RIGHT APPEAL IS IN THE NEWBIES THREAD SECTION ON HIRE/COMPANY CARS.

sir_shad

Coupon-mad wrote: »

Grounds for appeal, yes, but not as you might think.

Promise us:

1. DO NOT LET HIM WRITE HIS OWN APPEAL ABOUT THE STORY OF WHAT HAPPENED

2. DON'T LET HIM PAY.

3. THE RIGHT APPEAL IS IN THE NEWBIES THREAD SECTION ON HIRE/COMPANY CARS.

Thanks for the response. Been through the threads and i think i've got the grasp of it. My understanding is, he can still appeal even though the NTK is not addressed to him?

Would you say this is the right appeal?

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 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 Lex Autolease 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

The_Deep

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, 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]

Coupon-mad

That's the right sort of appeal, except this makes no sense (wrong companies):

Civil Enforcement has no reason to contact Lex Autolease again regarding this PCN

... but how come the hire firm have not properly transferred liability to him? They leave themselves liable if they don't.

And technically he has no NTH to appeal...it's not in his name. They can't just give him their one and say 'deal with it'!

Except! If the NTK they've thrown at him has the usual 'transfer of liability'/hirer slip on the back/bottom, then if I were him I would fill it in with HIS name and address and just add a squiggle from the company (or ask them to sign it) then send that off, so he gets his own NTH to appeal.

sir_shad

Coupon-mad wrote: »

That's the right sort of appeal, except this makes no sense (wrong companies):



... but how come the hire firm have not properly transferred liability to him? They leave themselves liable if they don't.

And technically he has no NTH to appeal...it's not in his name. They can't just give him their one and say 'deal with it'!

Except! If the NTK they've thrown at him has the usual 'transfer of liability'/hirer slip on the back/bottom, then if I were him I would fill it in with HIS name and address and just add a squiggle from the company (or ask them to sign it) then send that off, so he gets his own NTH to appeal.

Hey, yeah i need to update any reference to the company from the original template if I am to go ahead and do the appeal on his behalf (he is computer illiterate). I need to speak to him about the company he hires the vehicle from, at this time i'm assuming they are incomptent and cowboys who aren't aware that they need to transfer the liability to him.

Fruitcake

sir_shad wrote: »

Hey, yeah i need to update any reference to the company from the original template if I am to go ahead and do the appeal on his behalf (he is computer illiterate). I need to speak to him about the company he hires the vehicle from, at this time i'm assuming they are incomptent and cowboys who aren't aware that they need to transfer the liability to him.

You will need to amend the references to the BPA and PoPLA as well.

Ideally do the appeal process with your friend next to you with all the necessary paperwork including the hire agreement.