Parking Eye tickets on Personal Lease car

Fruitcake

There are three template letters written by edna basher in the NEWBIES. One of them is for fleet managers so the one you want is one of the other two. They are all after the template in blue text

B789

StudioCJ said:

Thank you for this. I have scoured the threads but unfortunately I cannot find any threads or templates relating to my question. There are 1. threads regarding late sending of PCNs, 2. threads relating to specific parking companies, 2. threads about Notice to Hirers, and 4. threads for lease companies, but none seems to address the issue as I understand it. Therefore, I am struggling to find the 'hook' that I might use since VW has passed on my name as in charge of the vehicle to Parking Eye and Parking Eye has sent me the PCN directly as an individual.  I realise this forum is not for individual solutions but perhaps someone may have seen a relevant thread and can point me to the right place

Which bit of @Fruitcake post above don't you understand?

Fruitcake said:

Irrespective of whose name is on the lease contract, the lease company cannot possibly know who was driving unless one of their employees who knows you personally was present at the time of the alleged event, or somebody is daft enough to tell them.
Therefore the only thing they can tell ParkingEye is the name and address of the hirer/lessee, and therefore the only thing ParkingEye can send the hirer/lessee is a NTH, which will not be PoFA compliant, and therefore incapable of holding the hirer/lessee liable.
You need to read and understand the PoFA, especially paragraphs 13 and 14 so you understand why it isn't PoFA compliant.

As far as the law, and the PoFA are concerned, the driver, (day to day) keeper, registered keeper, owner, and hirer/lessee are all different people.

Which one of the above do you think you were?

What do you think "in charge of the vehicle" means? It can only be one of the above, namely "driver", (day to day) keeper", "registered keeper", "owner" or "hirer/lessee".

StudioCJ

Thanks all! I'm beginning to understand that the key issue in the case of a lease car is that the PCN is non-PoFA compliant according to paras 13 and 14 because of keeper non-liability. Got it thanks!

Fruitcake said:

There are three template letters written by edna basher in the NEWBIES. One of them is for fleet managers so the one you want is one of the other two. They are all after the template in blue text

However, I still cannot find the three template letters by edna basher referred to by Fruitcake above.  Don't know what I'm doing wrong. I can see the three lease car related threads (below) but no actual template letters, only letters scripted by other users.


https://forums.moneysavingexpert.com/discussion/comment/69859059#Comment_69859059"nofollow" href="https://forums.moneysavingexpert.com/discussion/comment/69767583#Comment_69767583" title="Link: https://forums.moneysavingexpert.com/discussion/comment/69767583#Comment_69767583">https://forums.moneysavingexpert.com/discussion/comment/69767583#Comment_69767583


If someone would be kind enough to link me to the specific place where the templates are I would be grateful.  Apologies for being super dim

Coupon-mad

That is them. Letters scripted.

B789

StudioCJ said:

Thanks all! I'm beginning to understand that the key issue in the case of a lease car is that the PCN is non-PoFA compliant according to paras 13 and 14 because of keeper non-liability. Got it thanks!

...as long as the driver is not revealed.

StudioCJ

I sent this challenge to a Parking Eye PCN in a private car park on a Sunday in a lease car, courtesy of the templates in NEWBIES:

--

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”), Parking Eye has no reason to contact Volkswagen Group UK Ltd again regarding this 'PCN' and I write to formally challenge the validity of this PCN.

I subsequently request all future correspondence be sent directly to myself at the address listed below:

...

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 Parking Eye's PCN 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 Parking Eye 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,

-

I just received this response from Parking Eye, along with the form for POPLA:

--

Dear Sir / Madam,

Thank you for your appeal in relation to the Parking Charge incurred on .......

We have reviewed the details outlined in your appeal, but we are not in receipt of sufficient evidence to confirm that the terms and conditions were not breached. Our records confirm that no parking was purchased on the date of the parking event, despite there being payment methods available.

We are writing to advise you that your recent appeal has been unsuccessful and that you have now reached the end of our internal appeals procedure.

If you wish to have your case independently assessed, please be advised, there is an independent appeals service (POPLA) which is available to motorists who have had an appeal rejected by a British Parking Association Approved Operator. Contact information and further information can be found enclosed. See also www.popla.co.uk

By law we are also required to inform you that Ombudsman Services (www.ombudsman- services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.

Please note, if the Parking Charge was issued in Scotland/Northern Ireland, only the driver can appeal to POPLA (Parking on Private Land Appeals).

As a gesture of goodwill, we have extended the discount period for a further 14 days from the date of this correspondence. If you appeal to POPLA and your appeal is unsuccessful you will not be able to pay the discounted amount in settlement of the Parking Charge, and the full value of the charge will be outstanding. If you have already paid the reduced amount, the Parking Charge will be increased to the full amount and the remaining balance will be due.

A payment can be made by telephoning 0330 555 4444, by visiting www.parkingeye.co.uk/payments or alternatively by posting a cheque/postal order to Parkingeye Ltd, PO Box 117, Blyth, NE24 9EJ. Please ensure you write your reference number on the reverse of any cheque/postal order so the payment can be allocated.

20 March 2023

Parkingeye Ltd, PO Box 117, Blyth, NE24 9EJ

If you have received this correspondence via email, please allow 24 hours for our systems to reflect the discounted value before making a payment via our automated payment line or website.

Yours faithfully, Parkingeye Team

---

Is there, in your experience, a sensible way to proceed from here?

Thank you

B789

You can see it is a standard template response letter. They have not addressed your points about POFA and so you will raise exactly those points in your POPLA appeal. Let the eejits waste their money on a POPLA appeal.

If making that effort is not worth your while, just ignore POLA and wait for up to 6 years to see if they bother to make a claim, which you would imagine that by then, they will have reviewed your letter and realised they are in for a spanking if they are stupid enough to actually proceed.

Umkomaas

Get it killed off at POPLA. Notice to Hirer not accompanied by the required hire agreement and related paperwork - not compliant with the Protection of Freedoms Act 2012 (Schedule 4) in order to hold the keeper liable. No letting slip the driver's identity.