PCN for a company vechicle from UK-CPM

Marania

This forum has helped me in the past to successfully fight a PCN received on my private vehicle. 

This time, however, I’ve received a PCN from UK-CPM for a company car. I work for a large public organization and have recently started using one of their vehicles which are leased from Grosvenor Leasing. A PCN has been issued by UK-SPM on 04/09/2021 to the leasing company which my employer has forwarded to me.I will appeal it. If anyone would like to add something I’ll be grateful:

UK Car Park Management Ltd

Ground Floor, 19 New Road,

Brighton, BN1 1UF

 

Dear Sir or Madam, 

Ticket number:

Vehicle registration number: 

You unfairly issued me with a parking ticket on 04/01/2021. I will not be paying your demand for payment for the following reason: 

1.    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. Furthermore, there is inadequate lighting in the car park which makes it impossible to see any signs in hours of darkens.

 

2.    The charge is disproportionate and not commercially justifiable

The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner and is purely punitive.

 

3.    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. 

Please cancel the charge forthwith or refer the matter to The Independent Appeals Service (IAS) and provide me with the IAS code in doing so. 

Yours faithfully,

Marania

This is the PCN:

Redx

nope , read the edna basher advice for these vehicles at the bottom of the first post in the newbies thread

ideally the pcn should be an NTH in your own name, not forwarded on whilst in somebody elses name

so should have your name and your address on it

so if its not in your own name, you need to get the employer or whoever its name its in to name YOU as a hirer keeper of the vehicle

the PPC can then send YOU a NTH in your own name , as hirer

once done , you use a hirer appeal , not the blue text appeal, from that first post in the newbies thread

so read the edna basher advice, bottom of the first post

do not blab about who was driving, its a secret, keep it that way

nosferatu1001

Awrful appeal. Scrap it and start again. 
AS advised, newbies thread, EDNA BASHER appeal as Hirer / Lessee of a vehicle.

Fruitcake

At the moment, the registered keeper is liable, not the day to day keeper (you). Unless and until liability is transferred to you, the registered keeper will remain liable. That has been the law since 2012. Any company providing a company or lease car to an employee should know this.
You must get your employer to name you as hirer/lessee so you get a NTH in your name. They must not and cannot name anyone as driver unless they were present in the car park at the time of the alleged incident, so warn them of their legal requirement to name you as hirer/lessee/day-to-day keeper as appropriate.

As already advised, one of the three edna basher templates is the one you want. One is for fleet managers so you will need one of the others.

Redx

as above, if the pcn is in the name of grosvenor, with THEIR address , then they are liable until they tell UKCPM who the hirer is, which is YOU , with Your address !!

grosvenor should follow the law named POFA, which they cannot claim is new because it became law in october 2012 , so they should be aware of that law and comply with it

Le_Kirk

How often do we see this, where a so-called Fleet Management (or similar) company do not know the rules and just pass on the letter to the lessee.  So unprofessional of them!

Marania

Thank you for your responses. I have just seen a copy of a letter from the Leasing company addressed to UK-CPM which basically gives me the authority to appear this PCN. Would this be sufficient? 
I've also found the Edna Basher appeal which  I intend to use. I will also attach the letter from the leasing company as evidence of me being the hirer of the vehicle.

Redx

Then yes use the Edna basher template , but change the names etc to the correct details for your case , naming the hirer (not the driver , ukcpm have no idea who was driving , only you do and you are not saying)

Usually there is a tear off slip on the PCN for the hire company to use to name the hirer to ukcpm , yes adapt the Edna basher template and also attach a copy of that authority to it

Your objective is to obtain a notice to hirer with your name and your address on it , then come back for more advice with an NTH in your hand , not the PCN

Ps , there was no penalty , it's a Parking charge notice , not a penalty charge notice ( it's not a fine either )

Le_Kirk

I think that is a cop-out by the leasing company and they should use the tear-off slip that @Redx refers to and do the job properly so you get a NTH in your name.   You do not want to be appealing "on behalf of"

Marania

I've just noticed my name has been misspelt in the letter from the leasing company to the UK-CPM (only one letter is wrong in my first name) would that be an issue?
 I wonder why the leasing company hasn't included my address.