Help & advice please

simonw999

I have received a PCN from Parking Control Solutions. 
Long story short, I work at Durham Hospital, which, during Covid have removed all parking charges.
There is a private car park next to the staff car park, which had also removed charges but has recently reinstated these. (I was not aware of this)

I do not know who is the landowner, nor do the hospital.
I have a lease car.
Is this letter below okay to send to the lease company?

Do I then have to wait for the charge to be sent to me directly?
If so how long do PCS have to contact me by?
Do PCS have to tell me who the landowner is and should I ask?


Dear Lease Co.

Thank you for forwarding the paperwork regarding the Parking Charge Notice T21836, issued on 12/04/2021.

Your part in this matter is concluded once you have sent the hirer's details as per the requirements of The Protection of Freedoms Act 2012.
Any subsequent correspondence from the parking company is non compliant to that Act and should not occur, or be answered further.
Your obligation to name the hirer an provide a service address has been completed.

Please note the PCN issuer is NOT an Authority, merely a speculative invoice issuer !!
You have completed your responsibilities by naming the keeper and you are not authorised on our behalf to pay this speculative invoice.

Your sincerely
xx




Here is a photo of the sign, which I took




Am I then to contact PCS with the following (as shown on the foum)

Dear Sir/Madam
Re: PCN No.
I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to myself at the address listed below:

My street
My Town
My Postcode
I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), Civil Enforcement has no reason to contact Kia Contract Hire again regarding this PCN

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.

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. You must either offer me a POPLA code or cancel the 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

Do nothing until pcs send you an NTH in your own name , not to anyone

When an NTH arrives , follow the advice by Edna basher at the bottom of the newbies thread first post , not the blue text template , that is not for hirers , choose the closest match by Edna basher , appealing as a hirer , altering it as required. , Because CEL are not the parking company in your case

KeithP

I suggest your appeal to PCS would be better based on this Edna Basher appeal template found towards the bottom of the first post of the NEWBIES thread - forums.moneysavingexpert.com/discussion/comment/69859059/#Comment_69859059

Coupon-mad

As above; wait for the NTK to be posted out to you (as long as the lease firm gave the right address for you?) and then use @Edna_Basher's version of appeal.

D_P_Dance

The small print on that sign is more suitable for the commissioning of an aircraft carrier imo.  Read this and complain to your MP.

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1

simonw999

Thanks for the responses.

I have received Notice to Hirer from PCS.
Am I okay/correct to respond as follows.
Below I attach the letter I recieved.

Thanks again for all the help and advice.

Dear Sir,

Parking Charge Notice [XXXXX]: Vehicle Registration [XXXX]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Parking Control Solutions 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 Solutions 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 Solutions has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

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

In a word , YES !! 👍👍👍 Lol

simonw999

Thanks Redx

PCS do not have a contact email address on the website.
They do however have an appeals link.
Should I use this link to send the letter through the appeals page?

Thanks again for your help

Redx

simonw999 said:

Thanks Redx

PCS do not have a contact email address on the website.
They do however have an appeals link.
Should I use this link to send the letter through the appeals page?

Thanks again for your help

Correct , follow the instructions on the letter or that appeals link on their website

Nobody mentioned sending it by email , it is rare for any private parking company to accept email appeals

Just follow their accepted process , like patients have to do with appointments in hospital

simonw999

I have had this response with Popla code.
What are my next steps please?

Ref: Parking Charge Notice (PCN):

Site Name: Southfield Way Car Parks

Contravention Date: 

POPLA Verification Code: 

Dear Mr W

Thank you for your appeal received on 14/05/2021 regarding the above detailed Parking Charge Notice (PCN). We have

reviewed the case and considered the comments that you have made. This appeal has been considered in conjunction with the

evidence gathered and our records show that the PCN was correctly issued as your vehicle was parked in breach of the Terms

and Conditions of Parking.

The location where the vehicle was parked is private land where parking is provided only for the use of vehicles that display a

valid permit to park. No parking or waiting is permitted at anytime by vehicles not displaying a valid permit to park. By parking the

vehicle the driver contractually agrees to pay a parking charge.

We are therefore unable to cancel the PCN as it was issued correctly. We have now extended the discounted payment period by

14 days to allow you time to pay the discounted settlement amount. Please now make payment of

£60 to reach us by 07/06/2021 or £100 to reach us by 21/06/2021. We must advise you that once the discounted settlement

rate passes it will not be offered again.

Payment

Payments can be made to the Creditor by using one of the following methods:

Online at:

By Debit/credit card(Delta,Switch,Mastercard or Visa) by calling 03330230102

By Cheque/Postal order made payable to: Parking Control Solutions Ltd at the address outlined at the top of this

letter.

You have now reached the end of our internal appeals procedure. If you believe this decision is incorrect, you are entitled to

appeal to POPLA  within 28 days of the date of this letter. In order to appeal the, POPLA will need your

parking charge number (PCN), your vehicle registration, the date the charge was originally issued and the POPLA Code

above.

Please note if you make an appeal to POPLA then the discounted rate is no longer available.

By Law we are also required to inform you that Ombudsman Services provides an alternative

dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in

their alternative dispute resolution service. As such, should you wish to appeal then you must do so to POPLA as explained

above.

If the parking charge remains unpaid, we may seek to recover the monies owed to us via our Debt Recovery procedures and

may proceed with County Court action against you.

PCS Ltd will not enter any further correspondence unless through the Popla appeal system detailed above.

Parking Control Solutions Ltd can only address the factual issues of where and how you parked. We will not enter into

discussions about the legality of parking on private land or of the landowners right to impose parking conditions on their

property. We will only answer points relevant to the specific parking event all other points you may have made are irrelevant to

the appeal.

Parking Control Solutions Ltd provide national car parking solutions. Our ICO registration number is ZA001365. We are

accredited AOS operators with our ATA (Approved Trade Association), the British Parking Association (BPA).

Parking Control Solutions Ltd on behalf of our clients have a legitimate interest in ensuring parking regulations, as displayed on

the sites, are adhered to. Your personal data may be processed, for the purpose of, enforcing parking charges which become

due as a result of a parking regulation breach.

Please Note: CCTV and ANPR Technology may have been in use.

Images including the vehicle number plates may have been obtained to confirm entry and exit of the car park and calculate the

length of stay and may have been used for enforcement purposes. CCTV footage may have been obtained to detect any

breaches of the site terms and conditions. Please see full privacy notice at parkingcontrolsolutions.co.uk/privacy-notice

Any queries regarding your data which is held please email our Data Protection Officer at: dpo@parkingcontrolsolutions.co.uk

Regards,

Parking Control Solutions Ltd.

Appeals Department

Le_Kirk

You need to read third post of the NEWBIE sticky where you will find that it is dedicated to POPLA appeals as that is your next step.  Do not miss the POPLA deadline.