I Park Services-Overstayed

Anchovie

Driver has overstayed purchased parking period by 16m 48 seconds on 21 Nov 2023.  According to my finance agreement, I am the Legal Owner with the finance company being the registered keeper. I have now received 'Notice To Keeper (ANPR POFA) but without a copy of my finance agreement. Finance company have confirmed that they have not sent a agreement copy to I Park. 
Do I need to wait 21 days before sending this: 
Late arrive of PCN for leased vehicle - Highview Parking — MoneySavingExpert Forum
I didn't want to give I Park the opportunity to go back to my finance company for a copy agreement (if this is relevant). 

Fruitcake

Vehicle ownership is irrelevant in your case. If the finance company is the registered keeper, then you are the hirer/lessee.

If the lease company did their job properly, you should have received a notice to hirer, not a notice to keeper.

Anyway, as long as the document is in your name, appeal using one of the edna basher letters you will find in the sticky Announcement for NEWBIES. There are three, but one is for fleet managers, so you want whichever of the other two suits your case best.
By not including te hire agreement, the PPC has failed to comply with paragraphs 13 and 14 of the PoFA 2012.

Umkomaas

You received lots of help with your Liverpool John Lennon Airport PCN last year, but you never came back to inform those regulars who gave you lots of their advice and time - free of charge - what the outcome of the case was. Unless we know outcomes, we can never be certain if our advice continues to work. Would you updare the LJLA thread please?

https://forums.moneysavingexpert.com/discussion/6309904/jla-stopping-charge/p5

Anchovie

I've sent the Edna Basher letter that mentions 'By not including the hire agreement, the PPC has failed to comply with paragraphs 13 and 14 of the PoFA 2012' and received this response:
 

'Before a parking charge is sent out, we obtain the Registered Keeper details from the DVLA. A request for Registered Keeper details was made on 9/10/23 and returned from the DVLA on 10/10/23. Based on the return from the DVLA a Notice to Keeper was sent on 10/10/23. 

The details from the DVLA showed that 'finance company' were the Registered Keeper and that you were not the Registered Keeper according to the record at the DVLA. 

We finally obtained the transfer of liability details that were correct from 'Finance Company' 20/11/23 and we then sent you a Notice to Keeper on 21/11/23. 

We have complied with Schedule 4 of the Protection of Freedoms Act 2012 as the Notice to Keeper was sent to the recorded Registered Keeper on 10/10/23 which was 2 days after the parking event. 

When a transfer of liability is made the chain is concurrent if we comply in sending the Notice to Keeper to the new identified driver/keeper within 14 days of that notification. We were notified of your details on 20/11/23 and sent a Notice to Keeper to you on 21/11/23. At that point you had the same rights to make the reduced offer payment of £60 within 14 days or to make an appeal. 

The details to appeal are on the notice to the keeper that was issued to you on 21/11/23. You cannot appeal to the Independent Appeals Service (IAS) until you have appealed to us and your appeal rejected. You can only appeal via the online portal or in writing. We do not accept appeals by email or over the phone. 

The parking charge was issued lawfully and in compliance with the IPC Code of Practice and will not be cancelled.'

I've removed the 'Finance Company' name. 

Do I respond repeating my request for a POPLA reference without appealing through I Park first ? 

Le_Kirk

They have clearly ignored your point about lack of hire agreement documents.  Also, they are IPC, therefore POPLA is not available and you would have to use IAS, which these days is not recommended in the NEWBIE sticky. 

Coupon-mad

Just ignore them now.

IPC Firms are best ignored these days.

DO NOT PAY PCNs FROM IPC AOS FIRMS.

Related - but not about this PPC:

Interesting that it is in the public domain that this new company was oddly registered this Summer, by a certain person...wonder why?

https://find-and-update.company-information.service.gov.uk/company/14994806/officers

I wonder. Nice try. Thwarted I hope...

I think I might know what the plan was.  This has been discussed off forum.  The IPC are meant to be completely separate from any parking appeals service.  

Anchovie

Received a Claim Form dated 22 Aug 2024: 


I'll send the AOS. As I wasn't the Driver, defence will major on Claimant not complying with POFA para 14 (2). Anything else worth including? 

KeithP

Anchovie said:

Received a Claim Form dated 22 Aug 2024: 

With a Claim Issue Date of 22nd August, you have until Tuesday 10th September to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 24th September 2024 to file a Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Anchovie

Sent the SAR. As the overstay was 16 minutes 48 seconds, thinkinng of adding a section referencing 'IPC Considerations and Grace Periods' to Defence. With the parking invoice being issued on 8 October, was Version 8 or 9 COP relevant ? 

Coupon-mad

No IPC CoP is relevant or useful to anyone except to the parking industry.  Forget it.

Why have you sent a SAR? That's not current advice. Quite the opposite.

Show us para 3 of your draft defence. ONLY para 3 for critique please, not the whole template defence (we don't need to see it yet again).

Anchovie

I sent the SAR to see if Claimant had a copy of my hire agreement (although it wasn't sent with NTK).