company lease car, NTK arrived, NO PCN PROVIDED

24sb25

date on the letter is 22/7
date of parking charge is stated as 20/6

Coupon-mad

Ah good.

OK so you have the choice (either approach will work at POPLA) and you have time to do it.

I think: on Monday, explain the 2 options and ask the company which way they want you to handle it.  If they say 'either appeal or pay. It's your problem' then appeal in their name but giving your company email address, so hopefully you personally get the rejection and POPLA Code in your inbox.

It will win at POPLA anyway.

24sb25

Ok have asked hte question, sods law i go on holiday to Morocco tomorrow for a week so it's going to be fun sorting this, i'm going to pre write a letter today so it's all ready to go. 

You say it will win at POPLA - is this simply becuase their NTH letter has not included a package of information that is required in paragraph 13 and 14? Or because the NTH doesn't actually show any information as to how the PCN was valid (i.e. time frame and photos?)

Sorry for the questions, I just want to make sure i word this properly 

thanks for your help so far though much appreicated.

Umkomaas

You say it will win at POPLA - is this simply becuase their NTH letter has not included a package of information that is required in paragraph 13 and 14?

That's it, a win at POPLA as long as no driver is identified. We have yet to see any PPC (even the most admin efficient of them) ever get this right. POPLA haven't (yet!) let this slip them - they are becoming more and more unpredictable, but I don't think you're going to have any trouble.  Once you have your POPLA code, you will have up to 32 days to submit your POPLA appeal, by when Morocco will be a distant memory. 

Get your initial appeal in, then enjoy your break.

24sb25

Grand, I shall do two versions of the letter, one on behalf of hte business and one on behalf of me and prepare ready to go when work says which way they want to go with it. 

Thoughts on the below as the template?

Dear Sir/Madam,

 

Parking Charge Notice (PCN) Ref. 227797: Vehicle Registration XXXXX

 

We are in receipt of only a notice to hirer letter (hereafter NTH) in respect of an unpaid parking charge allegedly incurred at The Glass Yard, Chesterfield on 20/6/2022. There has been no PCN letter received, notwithstanding we write to dispute this PCN.

 

We confirm that XXXX is 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 again regarding this PCN, please ensure all future correspondence is sent directly to me via email only to ffgggsdfgs@asfdad.com to ensure full digital record of all correspondence sent and received, including delivery and read receipts.

 

Although the NTH states the reason for issue as "non payment", it provides no evidence to support this claim. In the absence of any conclusive evidence in support of the alleged breach, we trust you will agree that it would be unreasonable for Workflow Dynamics to expect us to pay this charge.

 

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.

 

Notwithstanding this, the PCN failed to comply with the strict requirements of Schedule 4 of POFA (notably paragraphs 12 and 14 of POFA 2012) and consequently Workflow Dynamics has forfeited any right to claim unpaid parking charges from [ABC] as the vehicle's hirer and keeper.

 

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 etc.

KeithP

Two very small points...

1) there is no 'Limited' or 'Ltd' in the title of the British Parking Association.

2) your opening paragraph states "There has been no PCN letter received, notwithstanding we write to dispute this PCN". A Notice to Hirer is a Parking Charge Notice.

24sb25

Thanks keith duly noted, i altered those bits and sent it off, just received a confirmation of receipt and that they'll respond with the decision with 35 days. 

They didn't send it directly to me though, even though I stated i should be the contact and address to send all correspondance to, they still sent it to the work office !!!!!!. Just can't help themseves but be annoying can they! 

will update when i hear back!

thanks again for all help so far.

Fruitcake

I hope you haven't posted a real PCN number and a live email address.

You should check the PoFA as I believe you should be quoting paragraphs 13 and 14, not 12 and 14.

What have Civil Enforcement Limited got to do with this? 

Just for a sanity check, is Lex Autolease the correct lease company.

Coupon-mad

24sb25 said:

Thanks keith duly noted, i altered those bits and sent it off, just received a confirmation of receipt and that they'll respond with the decision with 35 days. 

They didn't send it directly to me though, even though I stated i should be the contact and address to send all correspondance to, they still sent it to the work office !!!!!!. Just can't help themseves but be annoying can they! 

will update when i hear back!

thanks again for all help so far.

Respond to the DPO's email address and tell them to CEASE AND DESIST with using an address they were told to erase.  Don't just sit back. Bite.

24sb25

Nope not the pcn no or email don't worry 😂. I thiugh I had typed 13 and 14 . . Balls. Unless I meant at the time 12 to 14. . . Damn. 
Yes lex lease are the correct company.

There's no email address that it came from so I'll have to write to their generic business email if I can find one if it exists, I'm sure it'll get ignored.