PCN received from Horizon - Incorrect name on PCN

sailor1900

Hi all. Hopefully a quick answer to a long winded question, I fear!

Succinctly - a PCN received by a driver through vehicle hire company - which has an incorrect hirers (drivers) name on it.

The PCN is from Horizon for a hired van hat had parked in a car park "Bletchley Shopping Centre'. This parking area is adjacent to a large sainsburys store - it could have been assumed that the parking area is owned by Sainsbury's, but it is not.

The van rental company (a mainstream national company) had - as is their right - passed to Horizon Parking Company the hire agreement showing the hirers details.

1) The parking infraction took place 19 March

2) The PCN issued to the hire company was dated 29 March

3) The PCN issued to me was dated 15 April

4) The details on the van rental agreement - specifically the hirers name - were incorrect in that the surname had been omitted, and only the given names were used - in reverse. The hirers email address, driving licence number and home address were all correct.

5) Horizon had generated the second PCN for the hirer using the details from the rental agreement (not from DVLA) - i.e. the given names and did not use the surname.

My questions:

Though the time lines above are - to me - in line with POFA2012, is the PCN enforcable to the driver where the name is not correct on the PCN?

If an appeal is made to Horizon because of the incorrect name on the PCN, presumably Horizon would then need to go to DVLA to obtain the correct information to re-issue a PCN using the correct hirers name. If this is the case, if Horizon issued a new PCN with the correct name, it would fall short of requirements in POFA 2012 where a PCN should be issued within 28 days of the parking infraction?

Thank you in advance!

Sailor1900

Redx

I assume that Horizon failed to include the hire docs so probably failed POFA anyway

just appeal the current pcn as keeper with one of the edna basher template appeals from the first post in the newbies faq sticky thread

Horizon have no idea who was driving, so keep it that way , they cannot access the DVLA system TWICE and no point because they would obtain RK details which are correct and they already have those, the hire company being the RK

the DVLA do not keep a database of drivers , its the numpties who tell the parking companies who was driving that lose

sailor1900

addendum - no other documents had been received by the hirer fro Horizon - specifically Notice to Hirer?

Redx

so appeal as hirer/lessee/keeper on the day, as detailed above , using an edna basher template

KeithP

This parking area is adjacent to a large sainsburys store - it could have been assumed that the parking area is owned by Sainsbury's, but it is not.

Are you sure about that? Who does own the car park then?

Coupon-mad

Do as Redx suggests only use the wrong name (the one they have) as if that's you, the hirer.

Don't say the name is wrong.  You can't lose at POPLA if you point out the POFA failures as per Edna Basher's hirer/lessee template appeal wording (all explained in the NEWBIES thread).

sailor1900

Hi RedX

Redx said:

I assume that Horizon failed to include the hire docs so probably failed POFA anyway

Thats correct - no other documents received other than the single page PCN.

Redx said:

just appeal the current pcn as keeper with one of the edna basher template appeals from the first post in the newbies faq sticky thread

Horizon have no idea who was driving, so keep it that way , they cannot access the DVLA system TWICE and no point because they would obtain RK details which are correct and they already have those, the hire company being the RK

the DVLA do not keep a database of drivers , its the numpties who tell the parking companies who was driving that lose

Not sure this PCN can be appealed as the keeper - the hire company is the keeper? With only one name on the hire agreement, could it be inferred that the hirer is the driver?

I've checked the templates and will use one - thanks!

sailor1900

KeithP said:

This parking area is adjacent to a large sainsburys store - it could have been assumed that the parking area is owned by Sainsbury's, but it is not.

Are you sure about that? Who does own the car park then?

Hi KeithP

The car park is, I think, owned by Brunel Shopping Centre. All who use it have to pay. Sainsbury's isnt mentioned on the BSC website either.

Thanks!!

sailor1900

Hi Coupon Mad

Coupon-mad said:

Do as Redx suggests only use the wrong name (the one they have) as if that's you, the hirer.

Don't say the name is wrong.  You can't lose at POPLA if you point out the POFA failures as per Edna Basher's hirer/lessee template appeal wording (all explained in the NEWBIES thread).

I had not considered this - in the hope that they wouldn't bother to (or couldn't) contact the DVLA for the correct name as per the driving licence details which are shown on the hire agreement.

It seems that its laziness and lack of diligence by Horizon to just trust the paperwork from a hire agreement. It was an error by  the hire company that the name of the hirer was incorrectly entered.

Got the NEWBIES thread, thanks!

Thanks!!

sailor1900

Another small item which may be important in such claims.....reviewing POFA:

 - Paragraph 13 (2), the creditor (Horizon) needs to receive specific documents from the hire company - I will contact the hire company to see what documents were actually sent. If the incorrect documents were sent (it will be outside of the 28 day limit), then POFA will have failed.

Thanks, to all!

D_P_Dance

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.