ParkingEye POPLA Appeal help needed for hired car Welcome Break Corley

GeorgeArthur2019

Thank you for running this forum, it has already been of great help. Unfortunately I did not find it before I submitted my appeal to ParkingEye for a recent PCN received so that appeal has already been unsuccessful. My only option now is to appeal with POPLA as I udnerstand it.

I have a lease vehicle which is on a employee car ownership scheme through my employer. I used the Welcome Break facilities in Corley for a business meeting on the 23rd of October 2019. Whilst there I had lunch and paid for services at the Starbucks facilties on site with a colleague (still have receipts). I was at the site for a total of 2 hours 37 minutes which was 37 outside of the 'free parking' restriction. I was not aware of this as signs were not clear upon entering and leaving the car park or whilst visting the facilities so I did not know there was any 'maximum stay'.

The main issue I have with the ticket for the recorded offense (ANPR cameras used to monitor entry time and exit time) is the fact that the date of the event as recorded on the NTK is the 23d of October 2019 and the date PE have issued the ticket/NTK is the 30th of January 2020. The PCN was not received until the 2nd of February by post. No ticket was left on the car. This is 99 days post event. Surely this is way outside of Section 14 sub section 3 which gives PE 21 days following the receipt of documents required in paragraph 13 (2), notice to hirer should have been sent within this time period. They also only have 14 days to send the NTK to the lease company under section 9 sub section 5. The fact that I am getting the NTK 99 days post event is evidence enough that they have not followed both these legal conditions as set out in POFA?

I have also not been provided with any other documentation with the PCN which under section 13 sub section 6 should be provided to me under POFA.

So they have not complied three times with legal conditions outlined in POFA. Is this justification enough with poor signage to appeal the fine with POPLA? As I have mentioned at the top I have already appealed to PE and had the appeal declined. I have been given a reference code to appeal to POPLA but urgently needed help and advice on best way to approach this.

I am going to be speak with the lease company tomorrow to establish actual timelines around when NTK was received by them from PE and when they sent the required information back to PE, notifying them I was the keeper. I will update thread accordingly.

Thanks in advance for any help and advice.

Redx

yes it is

also add in the lack of the lease contract under POFA, the poor signage , no landowner authority etc

and as you say , failed POFA so no transfer of liability from keeper to driver , use any and all points , you only have to succeed with one point , PE have to beat you on all of them, which they rarely do with lease and hire vehicles

KeithP

What did Welcome Break have to say when you asked them to resolve the issue?

Each WB site has its own webpage with a management email address.

It is most important that you get WB to cancel this before involving PoPLA.

Coupon-mad

Some WB Managers cancel these all the time. One email or phone call.

MistyZ

Did you reveal driver's identity in the first appeal? It sounds like you didn't but I think you should edit your opening post so that there's not so much as a hint of that.

The_Deep

PE signs are unfit for purpose and many judges are now throwing out court claims because of this. Read this and if this goes to court tailor your defence accordingly.

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

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][/FONT]

GeorgeArthur2019

UPDATE:

So it transpires that PE sent NTK to lease co on the 26th of October (3 days after event), they also sent a reminder chasing lease co on 29th of November. They followed up with a Letter before county court claim to Lease co on the 14th of December. Lease co only responded on the 13th of January with my details as the keeper and PE then issued new NTK on the 30th of January to me. So looks like my initiial dispute of compliance with sections 14 and 9 of POFA are no longer valid with PE.

Lease co has also not sent (b) or (c) as detailed below to PE (section 13 [2]). So I have not received these from PE.
(a) a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;
(b)a copy of the hire agreement; and
(c)a copy of a statement of liability signed by the hirer under that hire agreement

Do I have any recourse based on section 13 of POFA?

I have reached out to Welcome Break Management asking them to cancel fine as per earlier advice in thread. I await their response. I will ensure I also write to local MP as advised.

Thanks.

nosferatu1001

Why do you state that? Of course they are not compliant!
They STILL did not send you the required *enclosures* on the 30th Jan, did they? The fact the *hire co* didnt send it to PE is *not your problem* - it is the hire companies.

Lastly - are they even claiming they have met POFA - a big clue usually hard to miss! If theyre NOT then you start by pointing out they are not claiming the right to hirer liability under POFA, and even if a court decides theuyre allowed to anyway - theyre not, btw, that wouldbe a brave court - you THEN point out that even if theyre allwed to ask for hirer liability, they didnt comply.

MistyZ

GeorgeArthur2019 wrote: »

Do I have any recourse based on section 13 of POFA?

Check out successful P.E. hire car appeals for virtually ready made PoFA sections.