NSL Stanstead Airport

Coupon-mad

On a different note, the Lease Company wrote to me explaining they can't transfer liability as the parking operator doesn't allow them and they are now being chased. "The legislation surrounding private parking means that LeasePlan as the register keeper will be held liable for these charges if you don't take any actions" Is there any way out of this? 

Yes. You read what the POFA actually says and quote it back at them and demand that they wait for the BPA Investigation outcome and if that complaint fails, the Lease firm then simply need to transfer liability, by providing your name and address and the case will shift to you if it is being pursued.

And you tell them (and show them the email) that a Manager at the BPA is investigating a clear legal interpretation error made by the appeals service.

Umkomaas

On a different note, the Lease Company wrote to me explaining they can't transfer liability as the parking operator doesn't allow them and they are now being chased. "The legislation surrounding private parking means that LeasePlan as the register keeper will be held liable for these charges if you don't take any actions" Is there any way out of this? 

But you said earlier that they had transferred liability to you, otherwise how were you able to make a POPLA appeal? And why are NSL reverting to chasing LeasePlan, they can't have another stab at this?

Coupon-mad

I assumed the OP appealed to POPLA on Leaseplan's behalf (the NTK only ever being addressed to Leaseplan?) but this needs clarifying,

The point was I think the awful (legally wrong) POPLA decision reckoned the POFA applies on Airport land, IIRC, and held the KEEPER liable.

Umkomaas

Just an update on the above topic. 

I received a response from British parking not Sara Roberts, but Gemma: 

Did you actually send the email to Amy Smith of POPLA, as by now you should have received a response from her/POPLA Lead Adjudicator, especially as you gave them 7 calendar days a month ago to do so?

pathris

I may have misread the liability part, this is what the letter stated from LeasePlan: 

We have given your details to the relevant authority transferring liability of this offence to you. The authority will now  contact you directly.
What do you need to do? · If you accept liability, please make payment. Information on how to make payment can be found on the  attached notification.  If the discounted amount is not available, please wait until the notification is reissued to you  from the authority and you may then be able to pay the discounted amount. · If you do not accept liability please appeal to the authority. You have 28 days, from the time the notice is  issued, to do this and instructions on how to appeal are included on the notification.  To enable you to speak to the  authority directly we have attached a Third Party Authorisation letter.  You will need to send this with your appeal.

the NTK never came to me, it was only addressed to LeasePlan indeed! 

pathris

Umkomaas said:

Just an update on the above topic. 

I received a response from British parking not Sara Roberts, but Gemma: 

Did you actually send the email to Amy Smith of POPLA, as by now you should have received a response from her/POPLA Lead Adjudicator, especially as you gave them 7 calendar days a month ago to do so?

Yes, I did send it to POPLA addressed to Amy Smith, cc Sara from BP, but I never got a response from POPLA.

B789

pathris said:

I may have misread the liability part, this is what the letter stated from LeasePlan: 

We have given your details to the relevant authority transferring liability of this offence to you. The authority will now  contact you directly.
What do you need to do? · If you accept liability, please make payment. Information on how to make payment can be found on the  attached notification.  If the discounted amount is not available, please wait until the notification is reissued to you  from the authority and you may then be able to pay the discounted amount. · If you do not accept liability please appeal to the authority. You have 28 days, from the time the notice is  issued, to do this and instructions on how to appeal are included on the notification.  To enable you to speak to the  authority directly we have attached a Third Party Authorisation letter.  You will need to send this with your appeal.

the NTK never came to me, it was only addressed to LeasePlan indeed! 

That sounds like a template they use for "authority" (Council or police) issued Penalty notices. You have not committed any "offence" and to call an unregulated, ex-clamper, bottom-dwelling private parking company an "authority" is elevating them to a lofty height they do not deserve or even remotely approach.

If LeasePlan have notified the PPC that you are the "hirer" of the vehicle, then the PPC should have followed the requirements of PoFA 2012 and issued you a NtH with all the associated attachments if they want to chase you as the "hirer". The PPC, by the sound of what you have told us, has not followed the correct procedure and so cannot rely on PoFA to transfer liability to you as the hirer. The PPC can only chase the "driver" and that... is a different entity in law. If they do not know the name and address of the "driver" (and they don't unless someone has revealed it to them) then they will have nowhere to go with this.

PoFA 2012 Schedule 4 section 13 applies:

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Umkomaas

pathris said:

Umkomaas said:

Just an update on the above topic. 

I received a response from British parking not Sara Roberts, but Gemma: 

Did you actually send the email to Amy Smith of POPLA, as by now you should have received a response from her/POPLA Lead Adjudicator, especially as you gave them 7 calendar days a month ago to do so?

Yes, I did send it to POPLA addressed to Amy Smith, cc Sara from BP, but I never got a response from POPLA.

Have you sent them a chaser?  Of course they don't want to answer tricky questions. So in your next correspondence to them, place near the top of the letter 'cc <name of your MP>' (whether you copy them in or not, but I certainly would). 

You really can't deal with this passively, hoping it will all work out okay in the end. @Coupon-mad set the tone in her draft for your first correspondence with them, follow that lead and put them under real pressure to respond. 

Coupon-mad

This POPLA Decision cannot stand. Be really robust and not too polite to Amy with your follow up. She ballsed this up and so did the first Assessor.  They need to come clean.

Re-read the complaint I wrote for you so you understand the rationale and continue in the same tone.

Having said that, I like the BPA's Gemma (I've emailed her loads of times).  If anyone will try to resolve this properly, and understands that POFA does not apply in Airport land, it's going to be Gemma Dorans.

In the meantime, ask LeasePlan for a copy of the letter they sent 'transferring liability' to you, because something doesn't quite add up.

Did you appeal in Leaseplan's name or state on thd POPLA website that you were appealing on their behalf?

Was the rejection letter that gave you that POPLA Code addressed to you personally, at your address, or emailed to you care of (as if you were acting for) Leaseplan?

pathris

Thanks all, 
I have chased Amy, cc Sara and the MP. 

The appeal was not made on LeasePlan behalf. "The above-detailed vehicle is on a lease to me and I confirm that I am its hirer for the purpose of the corresponding definitions under the Protection of Freedoms Act 2012." I appealed as the hirer of the vehicle.
The rejection letter that gave me POPLA code was sent to me by NSL via email.