Lease car windscreen parking fine, UKPC. Help needed!

Ross1995

Thanks again. One last thing, because I’ve received the PCN number as expected, and had a look at the photos online and can see the car parked in the bay and a picture of the sign is attached.. the above appeal doesn’t really make sense to my case does it? It’s talking about a close up photo, which is provided, and a PDT machine, which isn’t really relevant? I had a look on the newbies thread and found this, is this a better one to send on day 26?

” 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 Lex Autolease again 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”

I’ve never gone down this road befor, I’ve always just paid! So not sure whether I need to tailor it etc or can send as is. 

Thanks again

Fruitcake

Personally I think the edna basher Fleet Manager template appeal might be more fitting than the blue template appeal. 

1505grandad

"...............the registered keeper is not the "keeper" (as defined under POFA), Civil Enforcement has no reason to contact Lex Autolease again regarding this PCN"

No doubt you will be adjusting/sending to the correct ppc.

Ross1995

@Fruitcake or anyone else, I was thinking of sending this based on Edna Bashers advice. 2 questions tho. 1) what are your thoughts on it? 2) is it best to do this on day 26 or now? 3) am I better off sending the passage I drafted 3 messages up in this thread? For context, I parked on the ground floor of a multi story (reserved for disabled, there was like 49 out of the 50 spaces available and I’m just about to have a knee operation so I chanced it) and my ticket is not due to overstay but due to parking without a blue badge.

“Dear Sir/Madam,

Parking Charge Notice Ref. 123456: Vehicle Registration AC12 123

We are in receipt of the above-detailed Parking Charge Notice ("PCN") dated xxx and issued by UKPC to our company [ABC Ltd] ("[ABC]") in respect of an unpaid parking charge allegedly incurred at xxx on 4th August 2020.

We confirm that ABC is the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 ("POFA") and we write to dispute this PCN.

Although the PCN states the reason for issue as "unauthorised", it provides no evidence to support this claim. In the absence of any conclusive evidence in support of the alleged breach, we trust you will agree that it would be unreasonable for UKPC to expect us to pay this charge. (HERE I AM CONFUSED AS THEY HAVE A PICTURE OF MY CAR IN THE BAY WITHOUT A BADGE, I DONT KNOW WHAT TO PUT HERE)

Notwithstanding this, the PCN failed to comply with the strict requirements of Schedule 4 of POFA and consequently UKPC has forfeited any right to claim unpaid parking charges from [ABC] as the vehicle's hirer and keeper.

Within 28 days please provide us with written confirmation of UKPC’s acceptance that it cannot and does not hold [ABC] liable for this parking charge and that this is now purely a matter between UKPC and the driver.

Thank you for your cooperation and we look forward to receiving this confirmation.

Yours faithfully etc.”

I’d really appreciate whatever further guidance possible as everyone’s dispute seems to be about overstaying, as opposed to parking without a badge.

Thanks again guys!

Redx

Follow the advice by coupon mad , sending the appeal on day 26

Do not overthink the process , it is rare for any of the circumstances to feature in any appeal to a parking company

You are usually relying on their incompetence to follow the law , the BPA CoP or the rules , so if they fail on any of those you win on a technical knockout , nothing to do with what happened or why

Just follow the advice already given and stop over thinking it , forget about what happened on the day , nobody cares about it except you , let them fail by falling over their own two feet , they don't get a penalty due to diving in the box !!

Bear in mind that not all disabled people can obtain a BB , but they may qualify under the Equality Act 2010 , but this isn't about what happened on the day , it's more likely to be about ukpc failing to abide by the law named POFA

There is no dispute about the vehicle being in the bay , it's about proof that no BB was displayed in the vehicle, you are putting them to proof of that aspect , not where the vehicle was

Coupon-mad

For goodness sake why has the OP posted ''I parked'' above?