Overstay PCN - Working in Car Park

ulukai

Hello,

I've recently received a PCN for an Overstay, 4.5hrs in a 3hr car park at the start of Nov 20, I was working on a machine which is up against a wall of a well known supermarket who don't control the car park, it's via ANPR, I wasn't aware of the max 3 hours stay and was having an absolute nightmare with the machine I was working on so didn't think to check the rules of the CP.

So far I've only had a letter from the lease company detailing that they have given my details to the relevant authority transferring liability of the offence to me which was sent just before Xmas, a copy of said letter sent to Civil Enforcement which states the nominated person (me) has full use of the vehicle, so far I have not heard from the enforcement company, but just want to know what my options are.

I obviously have the ability to appeal now since I have a copy of the PCN sent to the lease company, but am not sure if it would be folly until the enforcement company has contacted me, I've looked over the newbies thread relating to leased vehicles, 3 threads in particular but am having a hard time understanding which, if any, would apply to me, if anyone could lend their superior intellect on this matter and advise whether one of the templates could quash this or if I will need to build an appeal, I would be greatly appreciative.

At the moment I'm gathering evidence through my company and the company who own the machines we work on to prove I was there solely to work on the machine in the car park, which I needed to be close too with constant access to my van, I've already contacted the supermarket who are powerless to get it quashed.

Thanks

Ralph-y

Hi, and welcome to the forum ........ where is this car park?

who owns / managers the land?

who where you working for ?

Ralph

Umkomaas

Don't appeal until you receive the Notice to Hirer (NtH) from CEL. This can be easily won at POPLA in due course, if it gets that far.  When the time comes for appealing to CEL, use the appropriate Edna Basher initial appeal template for lease/hire vehicles from the NEWBIES FAQ sticky, first post.

Meanwhile, try to locate the landowner of the car park and ask them to intervene in a situation where clearly there was no attempt to dump the vehicle there and trot off elsewhere for the day.  A landowner cancellation is a 'full and final', and you should have no further 'truck' with CEL. Come back if you need more help. 

Le_Kirk

I think the leasing company need to look at their template letters and remove "driving offence" and also to understand what a "relevant authority" is as Civil Enforcement are not such!  I hope they transferred liability as Hirer/Lessee and not DRIVER as they cannot possibly KNOW who was driving.

Coupon-mad

Wow they even have stuff about the law changing and assume that all private parking charges come under the POFA 2012.  They seem to have missed that CEL don't use the POFA.  As long as you are certain that they've given the correct name & postal address for you to CEL, wait for your own NTH. 

But I would reply to LeasePlan and tell them they are wrong about the POFA 2012 because not all private parking firms use that law and CEL are one who don't, so there is no liability in law for Leaseplan even if they get a second letter and you do NOT authorise them to pay it under any circumstances and will be appealing and winning it easily due to CEL not being able to hold a keeper or hirer/lessee liable.

ulukai

The information you've all provided is invaluable, since my company took on Leaseplan for our vehicles they have have been difficult to say the least.

To answer the first responder, the car park in question is Lime Square in Manchester, with Morrisons being the site I was working on, specifically the Inpost Click and Collect machine, a bit like the Amazon lockers but it's an external unit.

I've contacted Lime Square through an online form as I'm unable to get an answer on the phone,  Dransfield Properties owns the land and GVFM manages it according to the Lime Square website.

I've also sent an email off to LeasePlan detailing what you said Coupon-mad.

Again thank you all!.

D_P_Dance

Have you complained to your MP.?   Stop phoning, everything on paper.