Advice needed on next steps - HX Car Park Management - Site 1085 Salterhebbble Halifax HX3 0QE

PCN_BoBeB

I`ve read the newbies post and a few other posts and am a little confused as to next steps and which template to use - please accept my apologies - I`ve clearly missed something but want to be %100 I get it right.
I (as the registered hirer) have received a PCN from HX Car Park Management for site 1085, Salterhebble Halifax HX3 0QE.
The photographs do not specifcy a duration, nor do indicate any timings except the incident time.
Please could someone advise the next steps in the case of myself being the hirer of the vehicle, I am unsure whether I was the driver or not however l
I have a redacted version of the PCN if needed. 

Redx

forget about who was driving, you are appealing as a hirer if its a hire vehicle, so as the day to day keeper of that vehicle under a hire agreement , you do not and should not tell anyone who was driving, assume that it was trump who was driving but you are the fool that signed the hire doc and so trump has left it to you to sort out

read the bottom of the first post, where you see links to edna basher appeals , 3 in total, one of which will suit you as hirer

if the NTH has arrived in your name to your address its because the hire company told HX who the hirer was. HX then wrote a new invoice , NTH , and posted it to the hirer, but its rare for a PPC to comply with POFA, timescales or wording etc, but also because they fail POFA due to not including the hire docs

POFA is what applies, the special section for hire or lease vehicles , POFA protects keepers , but not drivers , nothing protects a driver , they are responsible for their own actions

so you appeal as a hirer keeper using an edna basher template, adapted as required, so not the blue text template higher up, that is for people who are regisatered keepers, like me for my vehicle for example, you are not the RK because the hire company is the RK , HENCE YOU DO NOT FOLLOW THAT ROUTE

Fruitcake

As above, you appeal using the relevant hirer/lessee appeal template written by edna basher from the fiorst post of the NEWBIES.

Compare it with the requirements of the PoFA, Schedule 4, Paragraphs 13 and 14 to see where they have failed to make the hirer/lessee liable for the scamvoice.

PCN_BoBeB

Thanks, I’ll revisit.
is it ok to sanity check the wording of my appeal here or is this advised not too?

Redx

Only if it deviates from the examples , if you do , highlight the changes , because it's your changes that could trap you , people cannot help themselves with the urge to blab about the drivers Identity or what happened on the day

Umkomaas

PCN_BoBeB said:

Thanks, I’ll revisit.
is it ok to sanity check the wording of my appeal here or is this advised not too?

Only if you change/add anything to the template - but that is definitely not advisable. You do know that nothing you send to them will have any beneficial affect?  They will continue to hound you until you break and pay them, or a Judge finds in your favour. Other than getting a landowner cancellation, there are no quick fixes. 

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 in some cases, cancellation. 

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 later this year,

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

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

Coupon-mad

Why sanity check a draft template that's already written by Edna Basher?  We don't want to see it again!

Obviously you DON'T use his one about being a Fleet Manager for company ABC, you use the one for hirer individuals.

PCN_BoBeB

HX have rejected the appeal.
They have made reference that there is sufficient signage around in and around the site.
They have made reference that they have a 5 minute grace period in place to allow drivers time to read the signage and move their vehicle. Looking at the photographs of the vehicle - from the first and last photograph, and the time stamp of the alleged contravention - these are within a 5 minute period. 
They have refused to provide a POPLA code and are trying to signpost towards the IAS. 
"Whilst we are a member of the BPA, we are accedited by the IPC therefore the appeals route is the IAS, therefore we are unable to provide a POPLA code"
Please advise. 

nosferatu1001

Yawn. Noone cares. 
Of course they dont provide a POPLA code. Theyre IPC ATA members meaning they use the IAS, and as you are completely aware from the newbies thread, no appeal is recommended there unless you are specifically told otherwise. 
You now sit on the fact they if they try to take you to court, you as hirer have no liability. Note they havent even denied that in their response...

Coupon-mad

As expected and of course no POPLA.

You've done all you need to at this stage unless you want to try IAS for the LOLs and to show the Judge later how bent the system (reportedly) is, due to bizarre decisions.  People ONLY do IAS here with their eyes wide open and with lots of evidence and are 80% likely to lose, hence it's easier to wait for a real court.  However, Judges may prefer to see you tried the kangaroo court!