PCN from Parkingeye for allegedly parking in a hotel

hirersezn

For context I am a private hire driver to pick up and drop off passengers. I am currently hiring a vehicle for this job.

The hirer company forwarded my signed hirer agreement and now I have received a PCN from Parkingeye. 

In this instance I was dropping a passenger so that they could drop off some items to someone. 
I was waiting not 'parked' outside the entrance. I was waiting for the passenger to come back so we could carry onto our next destination. Since the passenger took a bit longer than normal I was there for about 10 min.

Since I will not be paying this ridiculous amount, how should i word my appeal.

*I cannot attach links here which contain my pcn*

Coupon-mad

Welcome!

In your appeal:
DO NOT TALK ABOUT THE STORY OF WHAT HAPPENED OR WHO WAS DRIVING.

Just use the hirer/lease car appeal in the NEWBIES FAQS thread and DON'T tick 'driver'.

hirersezn

Out of the 3 appeals in the newbies thread, is there a specific one i should use? Or should I use the first one which is Parkingeye, which is the same company that sent me a PCN.

Le_Kirk

You use the one that is most suited to your position, hire car, lease car or company car.

Fruitcake

The appeal you want will be one of the ones written by edna basher. 

hirersezn

Alright so here is my draft for Parkingeye tweaked from Edna bashers Template


Dear Sir/Madam,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Parkingeye as a Notice to Hirer. 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”) and I write to formally challenge the validity of this PCN.

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 Parkingeye’s Notice to Hirer 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 Parkingeye 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,

[Insert squiggle as signature]


*******************************************************************

Also on the rear of my PCN i have Protections of Freedoms Act paragraph. Does this mean anything?

We refer you to the notice to keeper which has been given under the Protection of Freedoms Act 2012, Schedule 4, Paragraph 9 (2) (f). We have been made aware by the vehicle-hire / lease company that you were the hirer / lessee of the above vehicle at the time of the parking event and they have provided your details, together with a copy of your signed hire agreement and statement of liability.

By virtue of the Protection of Freedoms Act 2012, Schedule 4, Paragraph 14 (5) (a) any unpaid parking charges (being the Parking Charges specified in the notice to keeper) may now be recovered from you, as you were the hirer.

If, after 22 days from the date given (which is presumed to be the second working day after the Date Issued), the Parking Charge has not been paid in full, we will have the right to recover any amount that remains unpaid from you. As such, you are now required to pay or appeal this Parking Charge. (This warning is given to you under paragraph 14(5) (c) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under Schedule 4 of that Act)

Coupon-mad

No it means nothing because they haven't complied!

PE can't go back to the hirer so appeal now.  Same as @CottonHNM on their thread (same as yours).

hirersezn

PE have replied to my appeal and have rejected it.

What would my next steps be.

(I tried posting their reply here but it’s getting caught in this forums filter)

Coupon-mad

We don't want to see a bog standard rejection letter anyway!  Please refer back to the NEWBIES thread for the next stage. POPLA.

hirersezn

After being sick for a while i am ready to draft my appeal. However i cannot seem to find a similar template to my case and also being after 2017; (ParkingEye popla hotel).

Would it be okay to use another template that is PE but not related to my case?

KeithP

hirersezn said:

After being sick for a while i am ready to draft my appeal. However i cannot seem to find a similar template to my case and also being after 2017; (ParkingEye popla hotel).

Would it be okay to use another template that is PE but not related to my case?

I guess you are talking about a PoPLA appeal.

The third post of the NEWBIES thread explains in great detail how to create a winning PoPLA appeal.
There are several examples there of the various points needed to create a comprehensive appeal document.

Do not miss your appeal submission deadline.