Overstayed at Lidl for 10 mins - car leased

towills

I have leased car from Lex Auto

Date of event -12th December 2022
First PCN received by Lex Auto on 30th January 2023!
PCN has 2 dates. Issue date 16.12.022 and again one more date below : 29.01.2023
Date Rcd by Lex : 30.01.2023

I then get email from Lex that they will pay £45 plus charge me admin fee of £25.

Out of curiosity I went to ParkingEye website and it showed £90 outstanding which means Lex haven’t paid £45. I called Lex who now confirmed not having paid to PE due to huge backlog and were also  reluctant to write to PE that I’m the Registered keeper however when they understood that they have missed the “discount” period date - they kindly sent my name to Parking Eye. So now I have new PCN with 9 days period for payment with discounted rates (£45)

I have lidl receipt for that day - we purchased a trolley full of Christmas stuff and were surprised to find only one till open. After waiting  in que for sometime , we finally loaded our stuff in the car and that’s when I realised I overstayed by 10 mins. Spoke to Lifl manager  and customer services who were not very helpful.  

My query is did Parking eye send first PCN to Lex outside the time period? Any chances I explain to PE about the lidl shopping scenario including delays at till ? Is there no cut off date by which PCN should arrive to Lex f or response. Finally should I upload LIdl receipt I my first appeal? Or  use of your template (pls forward link) to see template and reply.


many thanks 

Coupon-mad

Makes no odds.  No saying who was driving!

Use the special company car or hirer/lessee appeal in the NEWBIES thread.  No link needed.

My signature tells you where your link back to page one is, and what it looks like.

That will win at POPLA stage then you can get Lex to refund the £25 too.

Fruitcake

You are lucky Lex didn't pay the charge. 

Plan A is for the hirer/lessee to complain to the landowner and their MP. Since you appear to be short on time, do that after you have appealed.

You can't be the registered keeper otherwise PE would have sent the NTK to you, not to Lex. 

Read the sticky Announcement for NEWBIES then send the hire/lease appeal written by edna basher that you will find there. There are three, but one is for fleet managers so you will need one of the other two.

Only refer to yourself as the hirer/lessee. Do not reveal the driver's identity under any circumstances. Even Lex do not know who was driving. They only know the name of the hirer/lessee, who is a completely different person as far as the law is concerned.

I suspect Lex are members of the BVRLA, a trade association that has told all its members not to pay these charges but to pass the hirer/lessee's details to the parking company.
Complain to Lex and the BVRLA that they failed to do this in the first instance. 

When your lease contract ends, find a different company that actually follows the PoFA 2012, a law that has been around for ten years, and follows the BVRLA's guidelines.

towills

Thanks..could I know what is the deadline for PE to send 1st PCN to Lex? Incident occurred on 12th December 2022 but Lex received PCN on 31st January 2023…so they took 48 days for first PCN 

Coupon-mad

The issue date of the PCN was 16th December, so it was issued in time (whether it arrived or not).  We assume Lex only got the 'Reminder' - which is irrelevant. A Reminder is not the PCN.

You really need instead to learn why we are telling you that there's 100% win in taking the tactic in the Edna Basher hirer/lessee special appeal.  It is self explanatory & spells out why you will win!

Fruitcake

towills said:

Thanks..could I know what is the deadline for PE to send 1st PCN to Lex? Incident occurred on 12th December 2022 but Lex received PCN on 31st January 2023…so they took 48 days for first PCN 

Seven months, unless you are referring to PoFA timescales for a NTK, but it's irrelevant since you will be appealing as hirer/lessee having received a NTH in your own name.

towills

Thanks I have found the Edna Basher template and will edit it before sending a response. i went to see the store manager who wasn't very helpful however i have complained to Lidl head office. They said to appeal via PE website.Could I please ask you if it would be ok to add a copy of the LIDL receipt to the appeal to say that car was parked in LIDL carpark whilst we were shopping (I was not the driver) and the overstay was due to the fact that LIDL was understaffed and we had to wait 25 mins to go through the till? or do we use the LIDL receipt at the POPLA stage?

towills

I even called the MP office and they wouldn't get involved with PCN complaints!. The person on the phone was aware that its a PCN and not Penalty charge notice (and giggled)....so no help from here either. : (

Fruitcake

towills said:

Thanks I have found the Edna Basher template and will edit it before sending a response. i went to see the store manager who wasn't very helpful however i have complained to Lidl head office. They said to appeal via PE website.Could I please ask you if it would be ok to add a copy of the LIDL receipt to the appeal to say that car was parked in LIDL carpark whilst we were shopping (I was not the driver) and the overstay was due to the fact that LIDL was understaffed and we had to wait 25 mins to go through the till? or do we use the LIDL receipt at the POPLA stage?

Don't try to guild the lilly.

Use the edna basher appeal letter, but I stress, ONLY if you have a NTH in the hirer/lessee's name.

Complain to your MP in writing. Use the Write to Them website.

WriteToThem - Email your Councillor, MP, MSP, MS, MLA or London Assembly Member for free

Coupon-mad

towills said:

I even called the MP office and they wouldn't get involved with PCN complaints!. The person on the phone was aware that its a PCN and not Penalty charge notice (and giggled)....so no help from here either. : (

Conservative, Labour or...?

They need dragging into the knowledge that the Government is currently regulating this rogue industry and they MUST take an interest:
https://www.gov.uk/government/news/government-clamps-down-on-rogue-parking-firms-with-new-code-of-practice

The statutory Code is coming in (only temporarily stalled) and whichever party wants to be in Government at the next election needs to take a keen interest if a constituency member raises a concern about PPC rogue practice.  

Umkomaas

whichever party wants to be in Government at the next election needs to take a keen interest if a constituency member raises a concern about PPC rogue practice

'Cos there's 10 million of them every year afflicted by the private parking sector. Enough to win a massive majority!