UKParkingControl - company/lease car

mkuk82

Hi,

I’ve read the newbies thread on here, but there’s a few different circumstances involved in this scenario.

There was a previous one of these pcns and wanted to appeal but had a lot going off at the time, new baby, moved house so just decided easier to pay the charge.

This time, determined to fight it but want to make sure not getting it wrong.

The car is a company car (leased), received an email stating the pcn has been received for parking longer than permitted in a location on 4/9. The email was sent to me on 25/9 advising they have transferred liability as per their policy and the charge would be reissued giving a chance to benefit from early repayment discount.

Anyway, not heard anything so presumed this had been lost in their system, maybe it was automated issuing etc and would be too late by the time they realised.

Today a pcn has been received at home address but says
“We wrote to you previously explaining you were the hirers or the above mentioned vehicle when recorded on private property”

....”despite issuing a parking charge and writing to you previously we have not received payment. If full payment is not made within 14 days then charge will be passed to debt recovery agency”

Charge on this pcn is now dated 07/10/2019.

No original correspondence has been received at my address since the original email from the lease company.

So, 1, am I still in the timeframes to do the appeal, 2, can I appeal or do anything with not receiving the original notice from them at my address (for all they know the lease company may just have transferred liability to me and not told me about it).

I know for you that are clued up on this these posts must be frustrating as there’s guides all over the forum but this is more just wanting to make sure I do everything correctly and don’t trip myself up with it being a lease car and the charge liability being transferred from the lease company.

Thanks in advance.

Fruitcake

I suggest you send the edna basher hirer/lessee appeal template from post 1 of the NEWBIES, stating that since this is the first the hirer has heard about it they consider it to be the NTH. See what they say.

Send a separate SAR to the scammers DPO as per the NEWBIES asking for all data they hold about you. This should flush out the NTH if there was one.

Meanwhile contact the hire/lease company to ask what they were sent and what they did with it.

Complain to the landowner.

Complain to your MP about this unregulated scam.

mkuk82

Hi,



Thanks for the reply.



I have looked and understand I need to use an Edna Basher template but am unsure which as these seem to sent as if coming from the fleet manager, which I am not and want to make sure i'm using the correct template.



I've already complained to the landowner/retailer who didn't care, basically said signs are there explaining and own members of staff have received the charges and quit their jobs because of getting the charge for parking there and encouraged drivers to park in a neighboring supermarket's car park as they don't enforce overstays on parking!



With my issue now being passed by the car hire company to me, it's better as it has removed them from the loop, but the content of the PCN that i have received seems to be suggesting they have sent a previous correspondence to my home address which I have not received.



The incident is alleged to have taken place on 4th Sep, they sent the PCN to the car hire company on 16/9 with that date showing as the parking charge date. Car hire company have marked as received on 23rd of Sep and sent the notification to me on 25th sep showing the PCN and advising they have transferred liability to me/my company.



The pcn i received states parking charge date of 7th Oct, but the letter I've received is dated 6th Nov and mentions that they have already written to me, but I have not received so I'm just unsure which way I play this and want to make sure I am using the correct template/saying the correct thing.



Tbh, this is part of the reason that I just paid it the last time around as had a lot on and it seemed like it would be a bit messy to deal with and I want to overcome that now and fight it, but want to make sure I'm doing the right way.



Many thanks in advance,

MistyZ

Re. appeal template, go to this section in the Newbies' thread: COMPANY, LEASE OR HIRE CARS ANYWHERE IN THE UK

The second of the 3 links there is the one I'd use and should be fine.

Just try that ASAP, as Fruitcake advises. Do everything he advises, including persevering with landowner. Who did you complain to? Go higher ... manager if you complained to shop floor staff or customer services, CEO if it was the manager who fobbed you off.

mkuk82

Thanks I’ll try the 2nd link and see how that goes.

Also will try and track down some contact emails for people in management from the company who’s land it is on and try some carefully worded emails of complaint showing proof of purchase and hopefully one way or another will get cancelled.

Will update if I hear back but thanks for your time and help on this.

mkuk82

Ok.

I’ve amended a template for the 2nd link which looks is posted at the bottom of this message, just want to double double check this is ok to send.

As mentioned, ukpc notified the car lease company who in turn emailed me a copy saying they were transferring liability to me.

Heard nothing else for over a month until the most recent letter from ukpc which claims they have written to me previously - they haven’t or I’ve genuinely not received.

Wanting to double check this template is correct as it is questioning ukpc notice to hirer but I’ve not actually had one from them - so is this the right template as don’t wanna trip myself up and to clarify this is a company car, so technically the company I work for maybe classed as the hirers or is it purely me that is the hirer as it’s in my possession?

Just after reassurance that it’s ok to send this for my scenario. Thanks again.

Dear sir

Pcn xxx
Vehicle reg xxx

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by UK Parking Control Ltd (“UKPC”) 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 UKPC’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 UKPC 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.

MistyZ

Well UKPC have written to you as hirer.

Can you check what if any correspondence your company have had?

mkuk82

Just spoke to the lease company. They say they passed my details directly to ukpc as the hirer with my address details and did not inform them of the company I work for details who hire the car.

So they should have sent me a NTH, but either haven’t or it’s been lost in the post.

Does this affect things or would you say to still send that template above?

MistyZ

Strangely, quite a lot of PCNs seem to have got 'lost in the post' going by recent threads on here. You need to tackle this and the appeal's a safe bet, so I'm pretty sure - just send it.

mkuk82

Thanks. And just one last one before I submit.

On the ukpc appeals website, it has a drop down box asking to confirm who I am with the options of

Driver
Registered Keeper
Driver and Registered Keeper

Am I to select registered keeper? As this seems a ploy from them. As technically I am the hirer?

nosferatu1001

No, because you are not the registered keeper. You ARE the hirer, you are NOT the RK by literal definition of what RK means

You select RK then put in your appeal you are NOT the RK because duh, yuore the hirer, but you had to select AN option to continue.