Parking Charge Notice - Do I have grounds to appeal or not? Please help.

IceCool85

Hi all, I’m new to this site and have read through the coupon mad newbies section which is very helpful but just wanted to double check with you guys before I submitted an appeal. 

The keeper recently received a Parking Charge Notice through the post from Parking Eye much to their surprise. Date of alleged ‘event’ was 30th April 2020 and only just received the letter in the post with the date of issue being 18th July 2020. They are asking for £100 or discounted to £60 if paid within the usual 14 days. It has taken nearly 80 days for the letter to get to the keeper from the alleged event. There are a couple of points I would like to raise. 1. The hirer did not leave the vehicle nor  park up in a bay, 2. Due to Covid-19 it would have been impossible to pay for a parking ticket anyway as said location pub/hotel completely closed and locked. 3. It has taken almost 3 months for the letter to be issued . 4. This was a hire vehicle and no parking ticket on windscreen, just blurry images taken on the ANPR camera . Are there grounds to appeal this or just cough up and pay it? Please advise, thank you for your help in advance. 

IceCool85

Sorry I forgot to add that it was for 30 minutes 

nosferatu1001

Please change the title. It isn't a penalty charge. 

Ask a board guide to edit your post. You've told the world who drove. Don't. The driver parked... etc

the newbie thread covers this. You have an absolute get out. There's no way for them to hold a hirer liable, definitely not 80 days on. 

IceCool85

nosferatu1001 said:

Please change the title. It isn't a penalty charge. 

Ask a board guide to edit your post. You've told the world who drove. Don't. The driver parked... etc

the newbie thread covers this. You have an absolute get out. There's no way for them to hold a hirer liable, definitely not 80 days on. 

Sorry yes of course, I meant to put Parking Charge Notice, I will get this edited. Ok so you believe there is good grounds for the driver to appeal this then?

Coupon-mad

Yes please ask @soolin to edit the thread title - you don't have a PENALTY CHARGE.  This will confuse everyone!

Date of alleged ‘event’ was 30th April 2020 and I’ve only just received the letter in the post with the date of issue being 18th July 2020.

Blinking easy to win then, as this was a hire vehicle you appeal as HIRER (NOT DRIVER) like the NEWBIES thread tells you to do (in the lease/hire/company car section).  What do you need to know that you didn't find in the sticky thread asking 'NEWBIES PLEASE READ THSE FAQS FIRST' (top of this forum, 2 clicks back - see my signature).

IceCool85

Coupon-mad said:

Yes please ask @soolin to edit the thread title - you don't have a PENALTY CHARGE.  This will confuse everyone!

Date of alleged ‘event’ was 30th April 2020 and I’ve only just received the letter in the post with the date of issue being 18th July 2020.

Blinking easy to win then, as this was a hire vehcile you appeal as HIRER (NOT DRIVER) like the NEWBIES thread tells you to do (in the lease/hire/company car section).  What do you need to know that you didn't find in the sticky thread asking 'NEWBIES PLEASE READ THSE FAQS FIRST' (top of this foru, 2 clicks back - se my signature).

When the driver received the letter through the post I believe it made them feel a bit stressed that’s all, apologies. Always good to get a direct reply from experts such as yourselves first before submitted an appeal for the driver, I hope you can understand

nosferatu1001

The driver got NOTHING
the HIRER did. 

More posts for you to edit
the HIRER appeals. 

IceCool85

I was thinking of using the below appeal template, would this be suitable for this particular situation? Please advise, thank you.

Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by ParkingEye LTD “ParkingEye” as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper 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 this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why ParkingEye’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that ParkingEye has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my 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.

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,

[Signature]

IceCool85

@nosferatu1001. Is this the correct template to use please? Any help would be appreciated.

KeithP

If that's the template from the NEWBIES thread, then no need to ask. It is the correct one.

IceCool85

KeithP said:

If that's the template from the NEWBIES thread, then no need to ask. It is the correct one.

Ok thank you.