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

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  • Coupon-mad
    Coupon-mad Posts: 152,135 Forumite
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    It wasn't about the missing paragraph. There is no need to look for the usual para on a Notice to HIRER.
    The Golden Ticket example is not a NTH.  

    It was about the missing hire documents.  Why didn't you just copy another ParkingEye POPLA Hirer paragraph 13 POFA thread?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • It wasn't about the missing paragraph. There is no need to look for the usual para on a Notice to HIRER.
    The Golden Ticket example is not a NTH.  

    It was about the missing hire documents.  Why didn't you just copy another ParkingEye POPLA Hirer paragraph 13 POFA thread?
    I have appealed based on the fact it took them 80 days to send the PCN to the hirer and also mentioned that they failed to include any hire docs as well. 
  • Umkomaas
    Umkomaas Posts: 43,392 Forumite
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    IceCool85 said:
    It wasn't about the missing paragraph. There is no need to look for the usual para on a Notice to HIRER.
    The Golden Ticket example is not a NTH.  

    It was about the missing hire documents.  Why didn't you just copy another ParkingEye POPLA Hirer paragraph 13 POFA thread?
    I have appealed based on the fact it took them 80 days to send the PCN to the hirer and also mentioned that they failed to include any hire docs as well. 
    It's the latter point that should tip the scales at POPLA. I suspect that as you've unearthed them on that, PE will save their £30 POPLA fee and withdraw once they see your appeal. But, stay awake on it, if PE rebut it, there's still work to do. So far, so good.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    80 days to get to the hirer is not necessarily a fail. 
    14 days to the lease company
    28 days for them to respond
    21 days to hire company
    28 days for them to respond
    Thats more than 80 days before it even gets to the actual hirer. 
    The ONLY key bit is the lack of hire docs. Thats the only useful appeal. 
  • IceCool85
    IceCool85 Posts: 37 Forumite
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    80 days to get to the hirer is not necessarily a fail. 
    14 days to the lease company
    28 days for them to respond
    21 days to hire company
    28 days for them to respond
    Thats more than 80 days before it even gets to the actual hirer. 
    The ONLY key bit is the lack of hire docs. Thats the only useful appeal. 
    Please see below that you posted previously to me:
    You have an absolute get out. There's no way for them to hold a hirer liable, definitely not 80 days on.

    I almost wish I hadn’t appealed it now and just swallowed my pride and paid the £60 even though I don’t feel that I should. 
    All that will probably happen now is they get the hire docs somehow off the hire company as evidence and appeal declined  :(. Never mind it’s too late now to worry about it. I will probably just cough up the £100 once it is declined by POPLA :( 
  • IceCool85
    IceCool85 Posts: 37 Forumite
    10 Posts Name Dropper
    Umkomaas said:
    IceCool85 said:
    It wasn't about the missing paragraph. There is no need to look for the usual para on a Notice to HIRER.
    The Golden Ticket example is not a NTH.  

    It was about the missing hire documents.  Why didn't you just copy another ParkingEye POPLA Hirer paragraph 13 POFA thread?
    I have appealed based on the fact it took them 80 days to send the PCN to the hirer and also mentioned that they failed to include any hire docs as well. 
    It's the latter point that should tip the scales at POPLA. I suspect that as you've unearthed them on that, PE will save their £30 POPLA fee and withdraw once they see your appeal. But, stay awake on it, if PE rebut it, there's still work to do. So far, so good.
    Hopefully and thank you for the tips. My only worry is if they manage to obtain the hire docs somehow.
  • Le_Kirk
    Le_Kirk Posts: 24,615 Forumite
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    If they did not send the hire documents with the NTH, it is a POFA fail.
    POPLA decisions are not binding on the motorist so even if they decline your appeal, you can just sit back and wait for the debt collector letters and the (possible) letter before/of claim.
  • IceCool85
    IceCool85 Posts: 37 Forumite
    10 Posts Name Dropper
    Le_Kirk said:
    If they did not send the hire documents with the NTH, it is a POFA fail.
    POPLA decisions are not binding on the motorist so even if they decline your appeal, you can just sit back and wait for the debt collector letters and the (possible) letter before/of claim.
    Thanks for the useful info :). If it does get declined though I’m not sure that I want those threatening debt collector letters through my letterbox, not nice letters to be receiving haha. 
  • KeithP
    KeithP Posts: 41,296 Forumite
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    IceCool85 said:
    Thanks for the useful info :). If it does get declined though I’m not sure that I want those threatening debt collector letters through my letterbox, not nice letters to be receiving haha. 
    But you now have the knowledge that they are harmless. Just laugh at them.
  • IceCool85
    IceCool85 Posts: 37 Forumite
    10 Posts Name Dropper
    KeithP said:
    IceCool85 said:
    Thanks for the useful info :). If it does get declined though I’m not sure that I want those threatening debt collector letters through my letterbox, not nice letters to be receiving haha. 
    But you now have the knowledge that they are harmless. Just laugh at them.
    Yes that’s true :). They 100% did not include hire docs just the penalty charge notice with two blurry pictures of the hirers vehicle. 
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