Lease car PCN

Mr_Black

Good morning all 

I received this notification from my lease company that I overstayed 20 mins. The actual time, as evidenced by the payment app vs my journey start time on the vehicle is just 12 mins overstay.

I appealed to them using the template response provided in one of the suggested responses on this forum for lease vehicles. I also pointed out that the images of the vehicle provided on the PCN have no actual time stamp on them, meaning any time could be made up really. They've declined my appeal and offered that I pay or go to POPLA.

I'm a little confused about the process from here regarding lease vehicles and the finer details that I can argue them with. 

Is it just a case of pay since they can argue I was on site for 20 mins over paid time? 



Own vehicle data indicating arrival/journey ended 13:12 and began again 15:30



Payment app showing expiry of parking at 15:18



£60 is harsh for 12 up to 20mins over stay. 

Thank you for any support/advice. 

Debszzzz2

What was the date of the contravention. You've redacted it so it so we have no idea whether the NtK is date complaint regarding PoFA.

Did you appeal after receiving the NtH or did you just go ahead after receiving a copy of the NtK from the lease company? Did you identify the driver? What other documents were in the envelope with the NtK that you've shown us?

Mr_Black

Debszzzz2 said:

What was the date of the contravention. You've redacted it so it so we have no idea whether the NtK is date complaint regarding PoFA.

Did you appeal after receiving the NtH or did you just go ahead after receiving a copy of the NtK from the lease company? Did you identify the driver? What other documents were in the envelope with the NtK that you've shown us?

Hi Debs, apologies, the date was 20th Jan.

I went ahead after receiving the NtK from the leasing company and I did not identify as the driver. This is the other document that was sent to me... 



Thank you for your time 

Debszzzz2

Have you read the Newbies/FAQ thread, specifically where it concerns hire/lease vehicles? The NtK you have shown us is PoFA compliant as far as the date is concerned. However, you should have waited for a new NtH. The lease company will have transferred liability to the hirer.

I don't think we've ever seen a single NtH comply with PoFA which makes it a cinch to defeat at POPLA stage. 

As you've appealed, yo are waiting for the inevitable rejection which will contain your POPLA code. You appeal to POPLA as the "hirer" stating that Premier Park can only hold the driver liable as they have failed to comply with PoFA 13(2)(a)(b) and (c ).

Additionally, the NtK you have shown us is in breach of the BPA CoP 21.5a in that PP have cropped the images and failed to show a time-stamp on the evidential photographs. Have a look through the recent POPLA appeals thread for the POPLA reference where the assessor upheld the appeal on this point.

Coupon-mad

Is it just a case of pay since they can argue I was on site for 20 mins over paid time? 

Haha, that's funny!  No paying of course.

Search the forum for POPLA hirer POFA and copy one.  You can't lose if there were no attachments with the NTH.

I wrote one for someone a day or two ago.  A short NTH POPLA appeal. You'll find it if you search the forum.

Mr_Black

I followed all your advice and appealed through POPLA. The operator didn't even fight it and withdrew. Thank you very much for your help, it is greatly appreciated.