Parking Eye PCN Welcome Break

KeithP

VintageMagpie said:

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.

Then they have failed to follow POFA to an extent that allows them to transfer the driver's liability to you - the person that hired the vehicle.

Redx

VintageMagpie said:

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).

Exactly , but in post one you said you were the registered keeper , clearly not true !! 

Your letter says the hire company passed on your details after receiving the initial NTK PCN , it is obvious they are the RK and that means Parking Eye sent them the NTK after obtaining RK details from the DVLA , it is how the saga starts

Your PCN was an NTH

VintageMagpie

Redx, yes I worded incorrectly on my original post, I'm the hirer/lessee. I have now corrected that.

KeithP

In your opening post you said you didn't have a PoPLA code.

Do you have a PoPLA code or not? It will be on the letter that refused your appeal.

You will be able to easily point out PE's failings to PoPLA.

VintageMagpie

Thank you for all the replies. So basically, I can sent my POPLA appeal to say they didn't comply with POFA:

** "Paragraph 5(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver."

** "Paragraph 7(4) 

** "Paragraph 9 (4)

** Paragraph 14(2)The conditions are that—

(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;

VintageMagpie

KeithP, yes I have the POPLA code. On the letter from PE It said POPLA ref (not code) so that's why I was confused and thought I didn't have it.

KeithP

You have quoted rather a mish-mash of POFA there.

Search the PoPLA  Decisions thread for hirer.

The first one returned was this one.  
Unfortunately @velvetyfrog hasn't shown us their PoPLA appeal but worth reading the decision nevertheless.

This thread by Tank40 might be useful.

I'll leave you to search for more.

VintageMagpie

Thank you KeithP. Coupon-mad also said to search the Popla Decisions thread (I tried, didn't find anything) but I just realized I was searching on the main forum bit. Duh!  Got it now!

VintageMagpie

By the way, I'm a longstanding MSE forumite but had to make a new profile because my orginal username is my actual name.

VintageMagpie

And I'm very grateful for your help! I will post my letter to POPLA and their appeal decision when I receive it. Thank you again!