Parking Eye PCN - LIDL - Lease Car

Umkomaas

Peaceinourtime said:

Lots of abreviations on here I better look them up LOL

The NEWBIES FAQ Announcement, fifth post will help you out with the most frequently used ones on the forum. We'd implode if we had to use the full works every time we referred.

Peaceinourtime

I will sit and read through it shortly thank you and of course i understand. 

Peaceinourtime

So just to be clear. I contact the land owner first in this case I have contacted LIDL today and they replied asking me if i have submitted an appeal yet and to let them know. Do I say no now before I submit the (below appeal) ?

I found this (see below) I take it this is still valid in my case so I can amend and paste the below into my PE appeal? 

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EDIT and send this to PE on their appeals portal online
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Dear Sir/Madam
Re: PCN No.
I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to myself at the address listed below:

My street
My Town
My Postcode
I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), Civil Enforcement has no reason to contact Lex Autolease again regarding this PCN

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge.

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,
My name
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I was only concerned with sending the above in regards to quoting ParkingEye Ltd v Beavis as that case was lost right. Or do I leave that in because it has other meaning? I know nothing of the law clearly. 

SO far so good? or did I miss something? 

Fruitcake

Plan A is to complain to the landowner and your MP. It's called Plan A because it's what you do first. Get back to the Lidl manager and/or CEO and ask for this spurious charge to be cancelled.

Plan B is to appeal, but only if Plan A fails to bring a cancellation of the charge. If you appeal first, the PPC is likely to say to whoever contracted them that it has cost them money to deal with the appeal so are less likely to cancel than if you complain first. This is especially true for the second stage appeal. You can tell the store manager PE prefer a cancellation instruction before they get an appeal in order to save themselves money.

Be forceful in your complaint as hirer/lessee.
The driver was charging an electric vehicle which is classed as refuelling, and not parking, so a parking charge should never have been issued. 

If you do need to appeal then the edna basher letter is the best option, but if you intend to edit it, then it would be advisable to do so before you show it to us so we know you aren't going to join the ranks of posters who have sent an appeal with the wrong PPC or wrong hire/lease company's name in it.

You should still tell your hire/lease company that you are dealing with it and instruct them not to pay it under any circumstances, nor to charge you for doing so since they are no longer liable for the charge.

Coupon-mad

Civil Enforcement has no reason to contact Lex Autolease again regarding this PCN.

Who?! You aren't copying that! 

Why not just use the one I said to use?

Peaceinourtime

OK Quick update, the land owner Lidl replied with a standard (probably one click) answer.

"Thank you for providing the further information. 

Regretfully we are unable to assist further with your request. Please contact the parking management company directly who will be able to process your appeal and advise further"

So now i need to with fruitcakes plan B then as they already have my name. 

Peaceinourtime

Coupon-mad said:

Civil Enforcement has no reason to contact Lex Autolease again regarding this PCN.

Who?! You aren't copying that! 

Why not just use the one I said to use?

I can't they already know my name now?

Coupon-mad

I have no idea what you mean?