Parking control management (uk) ltd - lease car Appeal

surveymo2008

Hi all,

I'd like to first thank you all for your continued assistance for all of us struggling with parking tickets. Your continued support is much appreciated.

Some background on the parking ticket issued:
The car is a company lease car, ticketed for parking in a residential parking space that has an 'opt-in' scheme where residents were asked to opt into the need to display a parking permit for the space that the car is parked on. Window ticket issued on 21/12/2020 (13:19) and 22/12/2020 (13:20)
An appeal was initially sent to PCM which they of course rejected on the grounds that no admission was made regarding who the driver was and as such they couldn't consider the appeal. 
A Notice to Driver/Hirer was sent by post dated 19/04/2021. I intend on sending another appeal to PCM (who are IPC) using their website as a notice has now been issued, would you mind reviewing the appeal to advise whether it is suitable?

Dear Parking Control Management (UK) Ltd

RE: PCN No: XXXXXXX

Vehicle Reg: XXXXXX

Parking Charge Date: 21/12/2020

I would like you to know I (as the registered keeper of the vehicle) am not ignoring your letter suggesting my liability for a charge related to a parking infraction that you state took place on 21/12/2020 at XXXXXX. I believe that I am not liable for the parking charge on the following grounds and would ask that all these points be considered:

No hirer liability – UK Parking Control Ltd. has failed to meet the strict requirements of Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”).

The relevant provisions concerning hire vehicles are set out in Paragraphs 13 and 14 of Schedule 4 of POFA, with Paragraph 14 setting out the conditions that the Creditor must meet to be able to hold the hirer liable for an unpaid parking charge.

POFA Schedule 4 paragraph 14 (2) (a) specifies that in addition to delivering a Notice to Hirer within the relevant period, the Creditor must also provide the hirer with a copy of the documents mentioned in paragraph 13(2) (i.e. 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), together with a copy of the Notice to Keeper (i.e. the notice that had originally been sent to the lease company (as registered keeper)).

Attachment 1 shows that a notice to hirer was issued on 19/04/2021, whilst the incident in question took place on 21/12/2020 (119 days after the incident took place), thus it is clear that the timeframe laid out in POFA schedule 4 has not been met. Furthermore, I was not provided with a copy of the statement signed by the vehicle hire firm confirming that I was the hirer on the parking charge date, nor was a copy of the; original notice to keeper, hire agreement or statement of liability signed by the hirer under the hirer agreement. By failing to supply these documents the NTH does not meet the POFA requirements (which are mentioned in para 13(2) of POFA schedule 4).

In addition, you have failed to comply with Paragraph 14 (5) of Schedule 4, specifically Paragraph 14 (5) (b) which requires that the Notice to Hirer must refer the hirer to the information contained in the Notice to Keeper. The claimants Notice to Hirer makes no mention of the Notice to Keeper, nor the information within it. In failing to enclose the notice to keeper this is a fundamental omission, especially given that a copy of the Notice to Keeper has not been provided, as required under Paragraph 14 (2) (a). Consequently, the notice has failed to supply much of the information required under Paragraph 9 (2).

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. Any signs displayed lack significant contrast (small black text on white background) which can only be perceived to be a deliberate attempt to prevent attention being drawn to it. Furthermore the signs are not clearly displayed at the entrance to XXXXX, nor are they placed beside each parking location.

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.

If an ‘opt-in’ policy, with regards to displaying a parking permit on each parking space, is in operation you must supply evidence that the parking space in question has opted into this scheme. 

There will be no admissions as to who was driving the vehicle in question and no assumptions can be drawn.

Further Questions
To begin our discussions, as this is purely a claim under a purported contract, and you have no statutory footing to issue penalties, I wish to make you aware of the following details and require the specific information so that I can assess the validity of your claim:

1. Who is the party that contracted Parking Control Management (UK) Ltd for the provision of their services at the site of the alleged to have taken place in XXXXXX.
2. What is the full legal identity of the landowner?
3. As you are not the landowner, please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrate that Parking Control Management (UK) Ltd have the authority of the landowner to both issue parking charges and legislate in your own name or on behalf of the landowner .
4. Is your charge based on damages for breach of contract? - Yes or no?
5. If the charge is based on damages for breach of contract, please provide justification of this sum.
6. Is your charge based on a contractually agreed sum for the provision of parking? - Yes or no?
7. If the charge is based on a contractually agreed sum for the provision of parking please, provide a valid VAT invoice as you make no mention on VAT in any correspondence.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

 

As you can probably tell i've tried to piece together from different templates to formulate this appeal letter. Wasn't sure if I should go 'all out' (like with a POPLA appeal) knowing that these lot are IPC meaning if appeal doesnt work directly with PCM then somewhere down the line a court hearing will likely take place. So this could be used as evidence for that court appearance.

I should also note that the Notice to Driver/ Hirer has only been issued for the first ticket so far - i have yet to receive the NTD/H for the 2nd ticket.

Again, your help is much appreciated.

Umkomaas

Don't waste your time on that stitched together job - they won't take any heed of it and in any case they will know you have grabbed bits and pieces from various websites.  It detracts from rather than helps your case

Just deny liability as the hirer of the vehicle as they have failed to comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4) paras 13 and 14.  Tell them to issue court proceedings if they disagree. 

surveymo2008

Hi Umkomaas - thanks for the response, I'll trim it down.

1505grandad

What is this?  -  "No hirer liability – UK Parking Control Ltd......."

surveymo2008

Sorry i had that corrected in my word document but didn't correct it on this post. should be 'Parking Control Management (UK) Ltd.'
Thanks for taking the time to reading through it though, much appreciated.

Coupon-mad

Just send the appeal in the NEWBIES thread that was written by EdnaBasher for hire/lease cars (bottom of the first post of the NEWBIES thread).

surveymo2008

Thanks Coupon, I've just submitted as per your recommendation:

Dear Parking Control Management (UK) Ltd

Parking Charge Notice:xxx

Vehicle Registration: xxx

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Parking Control Management (UK) Ltd as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why Parking Control Management (UK) Ltd Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that Parking Control Management (UK) Ltd has forfeited its right to keeper liability, please confirm that you shall now cancel this charge.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.


Yours faithfully,

Redx

That last sentence is fiction , because pcm UK are IPC AOS members , not BPA AOS members

No BPA
No Popla

Le_Kirk

Given that Parking Control Management (UK) Ltd has forfeited its right to keeper liability, please confirm that you shall will now cancel this charge.

Change as above.

D_P_Dance

I wonder why you have altered Shall to will.  I am aware that, in International Agreements, shall is mandatory, and will is not, but is there another reason/?

KeithP

Anyone else spot the international element here?

I can't see it myself.