Smart parking charge - need helps

System

@ Umkomaas

There are a further 4 more PCN possibly coming through, is there a chance that I can still get those over turned as soon as possible with the letter above.

Coupon-mad

Your priority is for the hirer/user of the car to write immediately to the Fleet manager and forbid them to pay these PCNs, given that NONE of them cite the POFA 2012 (because Smart Parking don't use that law) so at no point was the Fleet company liable, and at no point was there any reason whatsoever to pay them.

Demand that the Fleet company tell all staff NOT to pay Smart Parking PCNs at all, but particularly those that will now arrive about this car, and instead, just name the hirer as (hirer's name) using the transfer of liability slip that each PCN provides.

And the employee should add that the mistake by the lease firm in paying the first two, despite them not being POFA-compliant and never a matter of liability for a keeper, is just that - a mistake by the lease firm for paying a driver's PCNs for no lawful reason.

These will be - and would have all been - very easily cancelled and beaten at POPLA, due to the failure of Smart to comply with para 9, and also in due course, paras 13 & 14 of the POFA 2012, Schedule 4. However, the lease firm has incorrectly paid two, and removed the hirer's right to appeal. This is unacceptable and contrary to the BVRLA Memorandum of Understanding with the BPA, and the hirer is simply not liable to pay for a lease firm's error in assuming they were liable, when they were not.

Finish by reminding the lease firm that there are a number of these arriving due to dodgy signs at the location and that NONE are to be paid. All are to have the transfer of liability slips completed to allow the hirer to appeal and win at POPLA, as is his right.

Suggest as a dispute resolution, that if the hirer can show in due course in the coming weeks, that all the subsequent ones are cancelled at 1st or 2nd stage (POPLA) appeal, then the lease firm will recognise their error and not seek to charge the hirer for the ones they paid due to not being able to recognise that Smart Parking don't use the POFA 2012 Schedule 4.

And don't start appealing them as driver, whatever you do! The hirer signs the appeals.

System

Coupon-mad wrote: »

Your priority is for the hirer/user of the car to write immediately to the Fleet manager and forbid them to pay these PCNs, given that NONE of them cite the POFA 2012 (because Smart Parking don't use that law) so at no point was the Fleet company liable, and at no point was there any reason whatsoever to pay them.

Demand that the Fleet company tell all staff NOT to pay Smart Parking PCNs at all, but particularly those that will now arrive about this car, and instead, just name the hirer as (hirer's name) using the transfer of liability slip that each PCN provides.

And the employee should add that the mistake by the lease firm in paying the first two, despite them not being POFA-compliant and never a matter of liability for a keeper, is just that - a mistake by the lease firm for paying a driver's PCNs for no lawful reason.

These will be - and would have all been - very easily cancelled and beaten at POPLA, due to the failure of Smart to comply with para 9, and also in due course, paras 13 & 14 of the POFA 2012, Schedule 4. However, the lease firm has incorrectly paid two, and removed the hirer's right to appeal. This is unacceptable and contrary to the BVRLA Memorandum of Understanding with the BPA, and the hirer is simply not liable to pay for a lease firm's error in assuming they were liable, when they were not.

Finish by reminding the lease firm that there are a number of these arriving due to dodgy signs at the location and that NONE are to be paid. All are to have the transfer of liability slips completed to allow the hirer to appeal and win at POPLA, as is his right.

Suggest as a dispute resolution, that if the hirer can show in due course in the coming weeks, that all the subsequent ones are cancelled at 1st or 2nd stage (POPLA) appeal, then the lease firm will recognise their error and not seek to charge the hirer for the ones they paid due to not being able to recognise that Smart Parking don't use the POFA 2012 Schedule 4.

And don't start appealing them as driver, whatever you do! The hirer signs the appeals.

OMG !!! Thank you so much, I will tweak the letter and removing key part of POFA and send an email to the Fleet company or at least speak with them to hold fire.

I have also made a compliant to the shopping centre and included a clear explanation of the situation in order for them to step in and mentioned that I will be informing the local MP's also

System

Just an update this morning I have now contact smart to attain the existing 4 PCN. The First Lady I spoke was adamant to get a name in which I gave her a false one & she end up dropping the phone on me when I read my rights to her & when I then called back another picked up & gave me the details but for notes purposes she wanted a name to confirm driver so I gave her a false name again. I felt they were trying to find wriggle room as I told they were completely wrong

System

Can I also include the telephone call in the email ?

System

UPDATE- My other half has called company and they have said cannot stop the fleet team from paying it. We are now contacting the Fleet team directly, they have now said that they can now include our email address so that when the remaining PCN's come through we will be notified to us. They have also confirmed 1/4 of the processed PCN has been paid. As they have an automated system which automatically pays the charges, this has now been shut down until the 6th of January. They are also going to email a letter authorising us to appeal the outstanding cases.

My question is now is how should I generate a letter to appeal the case, should I still include POFA

Coupon-mad

My question is now is how should I generate a letter to appeal the case, should I still include POFA

This is already covered in all the other cases about Notice to Hirers. Yes.

System

UPDATE!!!! - THIIS WHAT WAS SENT, PLEASE SHARE YOUR THOUGHTS
Dear Sir or Madam

Parking Charge Notice xxxxxxxxx : Vehicle Registration xxxxxxxxxx

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by SMART PARKING Ltd (“ Lex Autolease”) as a Notice to Hirer. I confirm that the Notice should have been passed to the Driver 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 both of these PCN and all the additional PCN that are due to be sent out. The Letter clearly reads HVF LTD C-O Lex Autolease.

As of today (xxxx), I have only received the PCN for the X Amount of PCN included above (which are from the Specific Date & specific Date) however there are a further 4 that have been confirmed under the vehicle registration- when speaking to the Advisory Team.
Date -xxxxxxxx (Please note that this PCN has been confirmed Paid as of Today)
Date- xxxxxxxx
Date - xxxxxxx
Date - xxxxxxx

According to the Advisory team there is also a 2 week delay to confirm if there may be any further PCN’s. I will be attaching this letter through the multiple channels of post and online Appeal.
The mistake of LexAutolease accepting to pay the first X Amount of PCN for no lawful reason, the lease firm has incorrectly paid two, and removed the Driver's right to appeal. This is unacceptable.

Further to this, the signage in Grays Shopping Centre is MISLEADING – The signage claims the following below

FIRST 3 hours Free
3-5 Hours £X
5-12 Hours £X

A large part of the shopping centre advertises Free parking for 3 hours and the instructions does not include a clear explanation stating if you stay longer than 3 hours, you will not be eligible for the ‘Free 3 hour parking’

There is photo evidence proofing the signage and also the paid receipts for each day.

Although Lex Autolease has paid for 3 at present, the opportunity to appeal the case has not been given and also a named Driver has not been informed within the timescale. According to the Memorandum of Understanding between the BPA and a member of BVRLA – details of the driver should have been passed on.

Given that SMART PARKING have advertised misleading information which has caused the multiple reoccurrence of the ‘Insufficient Paid Time’ and caused distress to all parties involved, SMART PARKING has forfeited its right to Hirer liability.

Please confirm that you shall now refund the existing charges that have been paid for and cancel any future charges that may arise up until (date sent) which is when I have been made aware of this inconvenience. Alternatively, should you choose to reject this 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
A copy of this letter and a complaint has been sent to Grays Shopping centre and the MP’s

A Compliant has also been made to Lex AutoLease who have sent a permission to appeal the existing cases that have been paid and any future PCN’s. Please see letter attached below.

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,


PERMISSION LETTER

Smart Parking Ltd

Dear Sir/Madam,

Please be advised that we give authorisation for our customer to dispute the above mentioned Penalty Charge Notice.
We are the registered keeper of the vehicle, which is on long term lease to our customer -

Drivers:
Person A
Person B
Address

On Behalf Of:
Company

Please make any refund cheque payable to Lex Autolease Ltd, noting the reference number and registration number on all correspondence.

I trust that you will now look at the customer's appeal.

Yours faithfully,

KeithP

Why does that letter headed PERMISSION LETTER mention a Penalty Charge Notice?

This discussion is all about Parking Charge Notices.

System

The gentleman from the hirer company has possibly put that by mistake as all the other letters regarding the vehicle clearly states parking charge notice.

In other News, I got in contact with the shopping centre to see they can cancel the charges but they seem like that don’t want to step. (They even mistook my complaint for another complaint indicating that they have multiple complaints) The person I spoke with initial said they can’t do anything about it then but when I mentioned as landowners they can. The person then said they would have to contact another manager.