Riverside Shopping Centre Erith -urgent

Sneakygits1

Hi all,

This is the edited version... let me know if you feel this is good enough to be sent now?

Thanks...


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 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), Smart Parking LTD has no reason to contact, (insert my employers name here) again regarding this PCN

You have issued an invoice on the basis of a ticket not being obtained for the vehicle in order to secure 3 hours FREE parking. However, your own vehicle ANPR identifies the vehicle in question entering at, (time) & exiting at, (time) and clearly illustrates that the cars stay did not breach the prescribed FREE allowance of time. Your signs are deliberately misleading.

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

Umkomaas

the cars stay did not breech the proscribed FREE allowance of time.

Breech = part of a cannon, or a person's buttocks. Did you mean 'breach'.

Proscribed = forbidden, or condemned. Did you mean 'prescribed'?

Sneakygits1

Umkomaas wrote: »

Breech = part of a cannon, or a person's buttocks. Did you mean 'breach'.

Proscribed = forbidden, or condemned. Did you mean 'prescribed'?

Indeed I did on both counts... thank you!

Other than that... can the experts please advise if this is good to go or do I need to add or remove anything further?

Thanks again,

MC

Fruitcake

I am not 100% sure, but I think you may need to say that you are the lessee/hirer of the vehicle, and add the hire/lease company's name to the list of names the scammers should not be contacting.

Sneakygits1

Fruitcake wrote: »

I am not 100% sure, but I think you may need to say that you are the lessee/hirer of the vehicle, and add the hire/lease company's name to the list of names the scammers should not be contacting.

Thanks Fruitcake.

Before making the suggested changes... can anyone else kindly confirm the same?

MC

nosferatu1001

Yes, because you are appealing as hirer / lessee, because that gives ADDITIONAL hurdles the PPC has not managed to meet.

Noone has checked, but has the car leasing company named YOU as hirer, ie you have a NtH in your own name, or is it still in the company name?

Sneakygits1

nosferatu1001 wrote: »

Yes, because you are appealing as hirer / lessee, because that gives ADDITIONAL hurdles the PPC has not managed to meet.

Noone has checked, but has the car leasing company named YOU as hirer, ie you have a NtH in your own name, or is it still in the company name?

I’ve just doubled checked with the employer, they have not named anyone.

They received the notice directly, not via the company that the vehicle is leased through.

The car in question is leased to the company that employs me.

Based on this info, can you or anyone else please provide a suitable insert for the version of my llatest letter above.

Thanks as always,

M

nosferatu1001

So the lease company named your company

No need for a suitable insert - obviusly the COMPANY appeals this, or else you can be named as Hirer by them. I dont know your precise relationship to the vehicle.

Sneakygits1

nosferatu1001 wrote: »

So the lease company named your company

No need for a suitable insert - obviusly the COMPANY appeals this, or else you can be named as Hirer by them. I dont know your precise relationship to the vehicle.

Hi nosferatu,

The company that I work for leases the car under the name of the company that I work for, so they are the named keeper. The car is simply a benefit of my employment. The company I work for have not named me or responded to the parking notice.

I believe the parking notice was sent to my company direct from Smart Parking LTD.

Based on this information, Can you or anyone else tell me if I need to edit the last daft I made above?

I’m starting to panic due to running out of time to submit this

Coupon-mad

It's sort of OK(ish) for wording as it doesn't say who was driving but it's not half as good as the templates from Edna Basher that I linked in the company car/lease car section of the NEWBIES thread for people to use!

You should be saying ''I am the lessee and I know you don't use the POFA, so cancel it'' pretty much! Also you will need to attach evidence from your employer that they have agreed that you, the lessee, can appeal this Notice (DO NOT LET THEM PUT 'DRIVER').