PCN to hirer question

Puna48

So I finally received the "Parking charge notice to hirer". I'm gonna send them the following:

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 Lex Autolease and [My Company] 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.

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 Highview’s 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.

I would also point out, as required in Paragraph 7.2.a, the [Restaurant name] [Town name] is not acceptable as "relevant land" as if this "address" used for any letters, they will not reach its destination. 

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, with pictures from the day of "breach of the terms" showing the T&Cs of given "relevant land" with the given vehicle on them 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,
My name

Should I add anything else? Any issues with this one?

Coupon-mad

Looks OK to me for a hirer appeal.  wait a couple of weeks though, in case they re-issue it WITH the missing attachments.

Puna48

Coupon-mad said:

Looks OK to me for a hirer appeal.  wait a couple of weeks though, in case they re-issue it WITH the missing attachments.

The entry-exit date was 21/04, the PCN was issued on 26/05 (they first sent it to my company and etc...). How long should I wait for?

Coupon-mad

As I said, a couple of weeks (counting from the NTH date).

Puna48

Cool, thanks, I'll wait till 22nd and then send it off. Thanks for your help!
If any more advice, then let me know.
I'll keep you posted.

Puna48

So I just received a POPLA code today, without any other information I requested.
I guess I'll start writing my POPLA appeal. Any advice on that case? When should I send it off? 

Coupon-mad

Not sure what else you need to know that's not in post #3 of the NEWBIES thread, all about POPLA stage?  And in addition you'd be copying as a first killer point, the appeal point about the operator failing to comply with para 13 of the POFA Sch4 - as seen in any other Hirer POPLA appeal (search the forum).

Puna48

I didn't see on this post when should I send the POPLA appeal off? I read another post earlier and it mentioned something about 31 days. Is that correct?

I'm also moving away from the UK at the end of next month. Is that going to make my life harder regards to this PCN?

Redx

The codes last about 32 days , but delaying it only delays your eventual rebuttal after they have seen your Popla appeal , if they don't chuck in the towel first !!

If your UK exit is for 6 years or more , then nothing will affect you

If Popla decide in your favour , as they should on the hirer failures , missing documents etc , then the win means it's over

I see no need to delay if you have a good hirer Popla appeal to submit

Puna48

Redx said:

The codes last about 32 days , but delaying it only delays your eventual rebuttal after they have seen your Popla appeal , if they don't chuck in the towel first !!

If your UK exit is for 6 years or more , then nothing will affect you

If Popla decide in your favour , as they should on the hirer failures , missing documents etc , then the win means it's over

I see no need to delay if you have a good hirer Popla appeal to submit

Right, thanks! I don't have a good appeal at the moment but I will start working on it!