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Company car, LPS ltd, is this correct process

Hello

One of my company cars was being driven by an employee and a subsequent ticket has landed on the windscreen in a private car park with LPS.

Can i just confirm the employee MUST send an appeal by day 21, with something like below to the parking firm using their own appeals process.

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 Taggy Tech LTD 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


Thanks again

Comments

  • Le_Kirk
    Le_Kirk Posts: 26,377 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If that is the one you found at the bottom of post # 1 of the NEWBIE sticky and written by Edna Basher, then yes, it is correct.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Who are 'LPS'? Are they London Parking Solutions Ltd?

    If so, they are members of the IPC's Accredited Operator Scheme and as such PoPLA is not available.
  • Local parking security ltd
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    mctaggart wrote: »
    Local parking security ltd
    OK. Yes, they are BPA AOS members and PoPLA should be available.
  • All the examples listed i can see are for instances where the parking company has already contacted the company.

    What is the process when i have got a ticket on the car window, one part is telling me to use the appeals process on that, then the examples are all talking about what to do once they have contacted the company via DVLA.

    Could someone advise please, what template should i send if appealing through the ticket.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 14 January 2020 at 4:43PM
    Use an Edna basher template on day 26 following the incident , so same procedure as a private windscreen ticket but different adapted template as in one of the Edna Basher ones , not the blue text one

    If an NTK arrives in the post after day 28 , appeal it in a similar manner , or name the keeper instead

    You should not use acronyms for parking companies due to the fact that a few are not exclusive
  • Coupon-mad
    Coupon-mad Posts: 161,772 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    mctaggart wrote: »
    All the examples listed i can see are for instances where the parking company has already contacted the company.

    What is the process when i have got a ticket on the car window, one part is telling me to use the appeals process on that, then the examples are all talking about what to do once they have contacted the company via DVLA.

    Could someone advise please, what template should i send if appealing through the ticket.

    My answer = either of them. ANYTHING that doesn't imply who parked.

    Local parking security ltd are unlikely to remember to issue any NTK once they get an appeal but warn the company Fleet/lease firm not to pay a NTK if one arrives in Feb, and just to pass it to you (or transfer liability as normal, either will do) and you will take responsibility and will appeal to POPLA.

    You need to cover yourself to avoid a nasty surprise if LPS send a NTK and the idiots pay.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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