SIP Parking Manchester - Lease Car

Cayman6

Hi

I have read NEWBIES but still confused given the chain of events. Received this Notice to Hirer or Named Driver letter yesterday (below) now I'm not the driver.

 


Have rang the lease company to see if they had received anything and they sent me this Payment Overdue letter (below) They have received nothing else and had replied to SIP saying no initial letter had been received. They gave SIP my details as the lead name on lease hence the Notice to Hirer or Named Driver. The lease company have sent no documents to SIP just my details. The timeline is as follows :

!3  Feb 2022 - Parking
21 March 2022 - Payment Overdue letter to lease company £115 invoice
23 March 2022 - Lease company reply to SIP with no initial letter received, lease holder details passed on but no documents sent to SIP
31 March 2022 - Notice to Hirer sent to me
4 April 2022 - Notice ti Hirer arrives
4 April 2022 - Speak to lease company and they send over original Payment Overdue letter and confirm what they have done

Has everything been done correctly and what can/should i do next as confused about timing of letters sent out and SIP's obligations to process .I'm not the driver of the vehicle and think they have not complied to process, just need some help.

Thank you

Coupon-mad

As per the NEWBIES thread section on hire & company cars, send the appeal by EdnaBasher about the NTH not complying with the POFA paras 13/14.

Then same to IAS.

Cayman6

Hi 
Thank you , do i need to wait any particular amount of time given the dates or appeal immediately ? It was just the unusual first letter sent to lease company suggesting they are chasing another payment request threw me and how long they had taken to send it plus no documentation sent by lease company.  

Umkomaas

Send it straight away. 

Cayman6

Okay , thank you 

Cayman6

Hi
Sorry forgot to add letter that lease company had been sent apologies, does this change anything ? Why are the charge amounts £115 on one not offering a discount and £100 on the other offering a reduction to £60 if paid early ?

Fruitcake

No, that affects nothing and can be ignored because it is nothing to do with the hirer/lessee. There are three edna basher template letters. One is for fleet managers so the one you want is one of the other two.

It is absolutely imperative that the hirer/lessee appeals and the driver's identity is never revealed.

Cayman6

Do i not have to wait 21 days as i have read somewhere as the lease company have not sent any lease documents to SIP just a email to say they have not received there initial letter just the Payment Overdue.

Fruitcake

If you wait 21 days you will be out of time to appeal.
There is no advantage in waiting as far as I am aware. Just send the appropriate edna basher letter and await a reply. Do not volunteer any information.

Cayman6

Is this the correct one ?

Dear Sir

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Highview Parking Ltd (“Highview”) 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 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.

Given that Highview 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,

[Insert squiggle as signature]

Fruitcake

I believe that is the correct one, but of course you will change the name of the parking company to the correct one, and change the trade association name and the name of their kangaroo court independent appeals service. 

There will be at least nine amendments to the proforma.