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Parking Eye PCN - LIDL - Lease Car

Hi Everyone,

My first post my first problem.

My lease company posted me a PCN from Parking Eye for a LIDL this is for £90 reduced to £45 if i pay within a certain time limit. 

I like many others was charging my car and did enter my car details into the machine inside the store. I do not have my receipt for shopping inside the store but do have 2 x parking receipts for payment with times and amounts on for charging my car. I actually entered the car park and parked at one machine for literally a few moments and charger did not work (nothing new there) so i left and went to find another charging machine but then came back as the other charging machine at Lidl was then free. My receipts do not add up to 90 mins either. It seems that Parking Eye have conveniently only recorded my entrance the first time and then ignored me leaving and returning again and then only used the second time i left the car park as the overall time if that makes sense. 

I read a thread here:
https://forums.moneysavingexpert.com/discussion/5703794/civil-enforcement-and-a-lease-car-cancelled-the-pcn

Which has a wonderful letter that seemed to win against parking eye. My questions is can i still use that? and send it? as I looked up the court case 'ParkingEye Ltd v Beavis' in which the guy lost the case but it seems that in that thread it was still used after the court judgment was made.

I know nothing of law so perhaps someone can enlighten me I know you are very knowledgeable and smart on here. 

I have at the outset emailed the lidl store and asked if they cancel the PCN and provided them with the details and screen shots of my payment receipts for the electric charge that day. The receipts actually have the times on them as well. Not sure if they will help but was worth a pop i guess. 

Thank you all. 
«1

Comments

  • Fruitcake
    Fruitcake Forumite Posts: 57,049
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    edited 5 September at 3:12PM
    Have you received a Notice to Hirer (NTH) from your lease company? Your lease company should have informed PE that you were the hirer/lessee at the time of the alleged event, not just sent you a copy of the notice to keeper otherwise they will remain liable.
    You need to tell them in writing to do this and instruct them not to pay the charge on your behalf, nor charge you for the privilege. If they are members of the BVRLA they should know this, and in any case, they should be aware of the strict requirements of Schedule 4 of the PoFA 2012, a law that has been in place for nearly eleven years.

    Plan A is always a complain to the landowner or store manager/CEO and your MP, sent from "The Hirer". I hope you haven't revealed the driver's identity in your complaint so far.

    Plan B is to appeal to PE as hirer/lessee. This will only work if PE don't know the driver's identity.

    However, since the driver was "refuelling," not parked, the PCN should never have been issued in the first place, so it is not fatal to your case if PE do know who was driving. If a landowner cancellation does not arrive before the appeal deadline and/or you do not receive a NTH in your own name, then you can to appeal using the CEL version you have quoted, modified by removing reference to the Beavis case, but include that the vehicle was an EV and was refuelling (charging) and was not parked, therefore no breach of Ts and Cs occurred.

    Get photos of the site and signage in case you need to make a PoPLA appeal.

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  • Peaceinourtime
    Peaceinourtime Forumite Posts: 9
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    Thank you for the fast reply

    My lease company sent me an email that I had received a parking PCN in which they told me if i wanted to appeal to wait until Parking Eye posted me a PCN so I waited. I have now received the PCN in my name yes. I have also sent some evidence of charging my car at the location to Lidl and Lidl replied the same day asking me if I have submitted an appeal and that they will reply back to me once i tell them if i have made an appeal directly to Parking Eye, should i just make the appeal now and tell Lidl I have? I thought Lidl might be able to help more directly following some advice I have seen on here in regards to trying to approach the land owner first. What do you think?
  • B789
    B789 Forumite Posts: 3,373
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    My lease company posted me a PCN from Parking Eye for a LIDL this is for £90 reduced to £45 if i pay within a certain time limit. 
    You need to be very clear whether you have received a copy of the original PCN that your lessor received or did you receive a new PCN from Parking Eye in your name.

    The original PCN would be a NtK in the lessors name. If they have done their job correctly, they should have informed PE that you are the hirer of the car and PE should then issue a new PCN (NtH) to you, in your name as the hirer.

    So, which is it?
    The difference between intelligence and stupidity is... intelligence has its limits.
  • Coupon-mad
    Coupon-mad Forumite Posts: 122,713
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    edited 5 September at 4:36PM
    Easy peasy win for the hirer (you) as long as you don't say who was driving.

    Do NOT tell the story of what happened.

    Why aren't you just using the Hirer appeal in the NEWBIES thread?  Add a receipt if you want but without saying "me, my or I".
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Forumite Posts: 40,287
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    If what you've received is a Notice to Hirer, it's odds-on that it will not be accompanied with the required hire agreement copies  - see paras 13 and 14 of Protection of Freedoms Act 2012 (Schedule 4), so PE won't be able to hold you - the hirer - liable for the charge. 

    Roughly how much did your in-store spend amount to that day?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
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  • Peaceinourtime
    Peaceinourtime Forumite Posts: 9
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    I defo have received a new PCN in my name from PE
  • Peaceinourtime
    Peaceinourtime Forumite Posts: 9
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    I spent £3.28 on the EV charger in two payments as the first machine broke so i moved to the next machine. £0.04 & £3.24 
    I took lots of photos of the location. No warning on the EV machine about parking fees or anything either. 
  • Coupon-mad
    Coupon-mad Forumite Posts: 122,713
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    edited 5 September at 4:51PM
    None of which goes into the appeal.

    Just use the special Edna Basher one already there for you in the NEWBIES thread.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Forumite Posts: 40,287
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    I spent £3.28 on the EV charger in two payments as the first machine broke so i moved to the next machine. £0.04 & £3.24 
    I took lots of photos of the location. No warning on the EV machine about parking fees or anything either. 
    Thanks for response. I misunderstood that you might have spent on a shop in-store. PE have a hidden term that if you spend more than ~£30, PCNs are cancelled.  Won't work for an auto-cancellation for £3.28 worth of EV juice. 

    But failing PoFA will work at POPLA. Just takes a bit longer. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • Peaceinourtime
    Peaceinourtime Forumite Posts: 9
    First Post
    Newbie
    Lots of abreviations on here I better look them up LOL
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