Parking Eye PCN Welcome Break

VintageMagpie

Hello forumites,
I'm looking for advice on a PCN from Parking Eye (NOTE: I've read the Newbies thread and already sent the first appeal).
The details are as follows: the driver of the rental van parked at a Welcome Break in Fleet-Hampshire and stayed for 2 hours and 24 minutes. The delay was due to taking a long business call that started as the driver was about to leave the car park (no windshield ticket). As the hirer/lessee of the vehicle, I received a PCN letter in the post dated 20 days after the date where the "charge" was incurred (does this not mean there is no 'keeper liability'?).
I sent an appeal at day 28 (using the template) but this was unsuccessful. The letter said I can appeal to POPLA but does not contain the necessary code (PS- It did, under reference). So my questions are:
- Shall I request the POPLA code and SAR information from Parking Eye?
- What if the registered keeper's address is in Scotland? Does it change the outcome?
- Is it worth complaining to the landowner, even if no purchase was made?
Thank you in advance for the advice and help, I appreciate everyone is very busy.

Coupon-mad

As the registered keeper of the vehicle, I received a PCN letter 

You weren't because you said it is a rental vehicle.

this was unsuccessful. The letter said I can appeal to POPLA but does not contain the necessary code. 

Yes, it does, in the heading.  ParkingEye wouldn't send a rejection letter without one.

So you must be the 'hirer/lessee' and the rental company passed on your details.  You can win this at POPLA by copying other Notice to Hirer POPLA Appeal cases, as long as your appeal didn't blab about driving.  Read POPLA DECISIONS at the top, and search it for the word 'Hirer'.

VintageMagpie

Thank you for your reply, Coupon-mad. When I appealed I used the phrase "hirer/lessee" and didn't identify the driver. What I'm worried about is that PE have said the vehicle hire company has provide them a copy of the signed hire agreement and statement of liabilty (see attached photo). Shouldn't they have sent a copy of those documents wiht the PCN?
Also, do I need to have the SAR information before making the POPLA appeal?

Redx

Check what POFA says about compliance

They should have included the docs with that NTH , not just say they have them , and to say nothing about them would fail too afaik

Very few companies get it right , you would think that Parking Eye would though !!

VintageMagpie

Thank you Redx. I've read POFA several times (specifically paragraphs 13 and 14 that relate to hire vehicles) but I'm struggling to understand it. Does a "Notice to Hirer" look different from a "Notice to Keeper"?

Redx

Yes , because the one you posted has different words and timescales on it , compared to an NTK that usually goes to an RK , in your case the NTK went to the hire company because they are the RK , not you (your details are not on the V5C , ergo you are NOT the RK)

Umkomaas

Are PE formally writing to you at a Scotland address?  Is that address being used on the letter claiming you are liable under PoFA - or is the extract shown above that which is on the rear of the hire company's NtK?

VintageMagpie

POFA "13(2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given—

(a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

(b)a copy of the hire agreement; and

(c)a copy of a statement of liability signed by the hirer under that hire agreement."

What does this mean? If within 28 days PE is given the documents, they can't pursue the charge? This doesn't make sense.

VintageMagpie

Hi Umkomaas, yes they sent the Parking Charge Notice to my address in Scotland.
Redx, I understand I'm not the keeper (obviously, it was a hired vehicle) but nowhere on the PCN it states whether this is a NTK or NTH (hirer).

KeithP

That paragraph means that if the keeper, i.e. the hire company, has given the parking company the details of the hirer with a copy of the hire agreement and proof that the hirer, i.e. you, has agreed to be liable, then the parking company can no longer chase the hire company.

But that's not important.

The important bit is POFA Sch4 para 14(2) which says the parking company must pass to the hirer, i.e. you, copies of the documents mentioned. They rarely manage to do that.

14(2)(a) the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper;

Has the creditor, i.e. the parking company, passed copies of those documents to you?

VintageMagpie

I don't know whether or not the hire company got a NTK (I'm assuming they did and passed on my details), the only thing PE sent me was the PCN.