Notice to Hirer from Parking Eye - when should I appeal ?
I have read the newbie thread and seen lots of useful information on here but I can’t find an answer to my particular question and would be grateful for some advice.
A couple of days ago I received a notice to hirer (NtH) from ParkingEye for an alleged parking breach on 20 July 23.
On the same day I received an email from the hire company (HC) confirming they had had a notice to keeper (NtK) and that they had responded with my details. They appear to have sent just one standard letter back to ParkingEye on 8 August with my lease term and details. The letter does not refer to any documents and it does not appear that they sent anything else - so assume they did not send the required documents to ParkingEye.
The NtH sent to me is dated 9 August 2023 but did not come with any of the other required documents (NtK, hire agreement, statement of liability), presumable because ParkingEye were not supplied with them so, as I understand it, it fails PoFA and is defective.
The NtH gives me 28 days to pay/appeal, although the back of the NtH also refers to parking charges being recoverable form me if not paid within 22 days (I note 14.2 (2) gives 21 days to pay though so assume this is correct and not 28 days)
The parking company does not know who the driver is.
I am confident about appealing to ParkingEye (and also expect rejection so will thereafter appeal to POPLA) but my questions are -
- Am I right that I have 21 days to appeal regardless of what the NtH says?
- Re the timing of the appeal, as I understand it, the HC have 28 days to supply the relevant documents and ParkingEye have 21 days after receipt to send them to me as the hirer. I calculate that means HC have till 23 August to provide documents (whether they decide they should have sent them or ParkingEye request them). If I appeal before that, can ParkingEye go back to HC, get the docs and then serve them on me within 21 days thereafter, or have they forfeited the right to send the documents because they have not sent them with the NtH? Should I wait till after the 23 August or can I appeal straight away?
- Also, it appears that HC have not discharged their liability as they have not supplied the required documents to ParkingEye. If my appeal is accepted and ParkingEye can’t recover from me as the hirer, can they go back to recover from HC or is that right forfeited, regardless of the HC not discharging liability, when the NtH is sent? I presume if they wanted to pursue HC they should have done it instead of sending NtH to me? I ask only because the HC say they will bill me for the charge if they have to pay it.
- All Categories
- 338.9K Banking & Borrowing
- 248.7K Reduce Debt & Boost Income
- 447.6K Spending & Discounts
- 230.8K Work, Benefits & Business
- 601K Mortgages, Homes & Bills
- 171.1K Life & Family
- 244.1K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards