Parking Charge Leased Car

Park_Life_Green

Hi everyone,

I have received a parking charge letter from Bank Park management.

I’ve read some information already on the forum about how to approach this for leased cars.

They have stated that the required documents (hire agreement, statement of liability and notice
to keeper) are enclosed but they are not. I understand I can use this when I appeal the charge.

However, as I don’t have any of the original letters and the lease company did not get in touch to advise me of this I don’t know when the deadline would be for me to receive these. I received this letter 23rd Jan so also wondering if it’s better to respond at the 21 day mark to give the parking company less time to resolve the lack of documentation.

Also, the letter itself doesn’t have any photos of the car entering or exiting the car park and just a states time of issue and the charge notice being failure to pay the correct fee. Do they need to provide more detail/photos than that?

Lastly they are a member of the IPC but not BPA so does that mean they have validity to issue charges?

Thanks 

Coupon-mad

Yes they can issue PCNs, being in the IPC,

In your appeal, state that no documents were enclosed with the NTH at all.

Do not wait till day 21; they won't bother to sort out the lack of documentation because they know they'd win at IAS anyway because it's a futile 'kangaroo court' for consumers.  There's no appeal.

Just go through the motions of appeal to hook Bank Park completely away from approaching the lease firm again, then either DO NOT try IAS (because you'll lose) or go through that farce anyway to cost them money and hope they are among the 20% of cases where IAS appeals are not contested.

DO NOT PAY, DO NOT PANIC.

Park_Life_Green

Thanks for the info.

The car park is one next to the hospital and there are several other car parks on site as well. All the other ones (which are run by a different company) are pay on exit. You type in your car reg and the amount you owe comes up.

Mistakenly I believed it was the same for this one but you are supposed to pay on arrival and then select the number of hours you need. As I paid when I left after putting in my car reg I assumed the amount that came up was what was owed. Now it seems I have underpaid by one or two pounds.

Is it still worth challenging this?

Thanks

Coupon-mad

Please read the NEWBIES thread.  I don't know what you mean by "is it worth challenging?" because the NEWBIES thread is clear on it already and I explained "there is no appeal' but 'not to pay'.

You haven't mentioned PLAN A from the NEWBIES thread which is why I suggest you read that sticky,

Park_Life_Green

Hey yes if I can find out who the land owner is I will be in touch with them. I don’t believe it belongs to the hospital.

I assumed the missing paperwork would be enough to get this discounted however it doesn’t appear so from your first reply. The charge is for failure to pay the correct parking fee which has happened so if it were to go all the way to court I’m not sure how I could defend this other than to say the signage was poor and unclear. That’s why I ask if it’s worth challenging.

Thanks

KeithP

Park_Life_Green said:

I assumed the missing paperwork would be enough to get this discounted however it doesn’t appear so from your first reply.

...if it were to go all the way to court I’m not sure how I could defend this...

That’s why I ask if it’s worth challenging.

Read again @Coupon-mad's post on 27 January at 1:17PM.
She states that you will probably lose appeals.

The following should be a winning point at any court hearing.

As there were no documents enclosed with the NTH, Bank Park are unable to transfer any driver's liability to the keeper. Don't give away the driver's details.
This is explained in the NEWBIES thread, but you can also look it up in paras 13 and 14 of POFA Sch 4. 

Le_Kirk

Park_Life_Green said:

The charge is for failure to pay the correct parking fee which has happened so if it were to go all the way to court I’m not sure how I could defend this other than to say the signage was poor and unclear. That’s why I ask if it’s worth challenging.

You are assuming that is your fault for failing to pay the correct fee; what if you did pay or try to pay and the PDT failed you or the app or telephone call or however you endeavoured to pay?

Fruitcake

You shouldn't be telling anyone who was driving, or who paid or tried to pay as that gives away the driver's identity, and PPCs read this forum. In your posted dated the 28th of Jan at 12.43pm, you told the whole world who was driving. 

Start with the basics.

Did the hire/lease company just pass the PCN to the hirer/lessee, or did they follow the law they are supposed to have been following for the last 12 years and pass the hirer/lessee's details to the parking company?

Has the hirer/lessee received a NTH in their own name?

Has the hirer/lessee carried out Plan A and complained to the landowner and their MP (without revealing the driver's identity)?

Has the hirer/lessee instructed the hire/lease company not to pay the charge under any circumstances, but to pass the hirer/lessee's details to the PPC, pointing out that the hirer/lessee cannot be held liable for the alleged charge until the hire/lease company has done this.

Is the hire/lease company a member of the BVRLA? If so, then they need reminding that the BVRLA has instructed its members not to pay these charges but to inform the PPC of the hirer/lessee's details.

The hirer/lessee should appeal to the PPC using one  of the edna basher appeal template letters that can be found in the NEWBIES, stating that since the PPC has failed to comply with paragraphs 13 and 14 of Schedule 4 of the PoFA, then the hirer/lessee cannot be held liable therefore they should cancel the charge now in order to save themselves money.

The driver should sit on their hands in the corner and say and do nothing.

Park_Life_Green

Any advice on how to identify the land owner when it is not obvious?

Thanks 

Galloglass

Park_Life_Green said:

Any advice on how to identify the land owner when it is not obvious?

Thanks 

You are more likely to need the occupier as the landowner 99% of the time rents the space to someone using it e.g Tesco. You can ask the local council who pays the Non-Domestic Rates (NDR) for the site

Put the postcode into this to try this to get the reference for the council

https://www.tax.service.gov.uk/business-rates-find/search

Le_Kirk

Try this: -

SOME IDEAS ON DETERMINING WHO OWNS THE LAND 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there. 

Posted by @Umkomaas

https://forums.moneysavingexpert.com/discussion/comment/78322090/#Comment_78322090