Van Hire Company passing on charge for MET Parking Charge Notice (BP Stansted)

Bakewell70

Thank you for all you comments so far. Here are my replies:

1) Yes - the hire was a business to business transaction. My husband was the named driver but the booking is in the Limited Company name
2) I did read the BVRLA Guide to Road Traffic Offences & Charges and on Page 10 under Parking on Private Land / Protection of Freedoms Act sub-section 4 it states a rental or leasing firm that is issued a parking charge notice can  "pay the charge and recharge the customer who had the vehicle on hire or lease at the time the breach occurrred"
3) The vehicle was parked up for around 9 minutes on double yellow lines which are situated next to the petrol pumps (but do not prevent other vehicels from using the pumps there is enough space) in order to use the shop/toilet.

The hire company have said that I can appeal if I wish, as I have got the POPLA  code. I want to do this but I have more questions:

The  POPLA appeal allows 4 main reasons ((i) vehicle was stolen (ii) not improperly parked (iii) amount of charge notice is incorrect (iv) I was not the driver or registered keeper) PLUS 2 additional reasons (1) extreme circumstances prevented me from parking correctly or (2) OTHER. 

I'm assuming I use the OTHER reason - is that correct?  Then it asks for first name, surname, phone number, email, home address - whose details is it best to put here (husband who was the driver or mine - acting on behalf of the limited company? ). I understand that I won't name the driver.

What should be the main focus of the appeal? Should I include that the NTH was issued 24 days after the alleged contravention ? 

Your continued help is really appreciated.

Umkomaas

Can you confirm to whom the formal Notice to Hirer was actually issued - the hire company, your husband's company or your husband himself?

Can we please see a redacted copy of the NtH, cover all personal (company) and VRM detail, but please leave all dates showing.  Both sides please. 

KeithP

Bakewell70 said:

The  POPLA appeal allows 4 main reasons ((i) vehicle was stolen (ii) not improperly parked (iii) amount of charge notice is incorrect (iv) I was not the driver or registered keeper) PLUS 2 additional reasons (1) extreme circumstances prevented me from parking correctly or (2) OTHER. 

I'm assuming I use the OTHER reason - is that correct?

The third post of the NEWBIES thread does say...

Fruitcake

Bakewell70 said:

Thank you for all you comments so far. Here are my replies:

1) Yes - the hire was a business to business transaction. My husband was the named driver but the booking is in the Limited Company name
2) I did read the BVRLA Guide to Road Traffic Offences & Charges and on Page 10 under Parking on Private Land / Protection of Freedoms Act sub-section 4 it states a rental or leasing firm that is issued a parking charge notice can  "pay the charge and recharge the customer who had the vehicle on hire or lease at the time the breach occurrred"
3) The vehicle was parked up for around 9 minutes on double yellow lines which are situated next to the petrol pumps (but do not prevent other vehicels from using the pumps there is enough space) in order to use the shop/toilet.

The hire company have said that I can appeal if I wish, as I have got the POPLA  code. I want to do this but I have more questions:

The  POPLA appeal allows 4 main reasons ((i) vehicle was stolen (ii) not improperly parked (iii) amount of charge notice is incorrect (iv) I was not the driver or registered keeper) PLUS 2 additional reasons (1) extreme circumstances prevented me from parking correctly or (2) OTHER. 

I'm assuming I use the OTHER reason - is that correct?  Then it asks for first name, surname, phone number, email, home address - whose details is it best to put here (husband who was the driver or mine - acting on behalf of the limited company? ). I understand that I won't name the driver.

What should be the main focus of the appeal? Should I include that the NTH was issued 24 days after the alleged contravention ? 

Your continued help is really appreciated.

That's not what the BPA - BVRLA memorandum of understanding says. MET are BPA members, so the lease company should be following the guidelines in the MoU, and not arbitrarily paying a PCN. Paying the parking charge denies the lessee the right to appeal, which would render anything to the contrary an unfair contract term and a breach of the CRA 2015.

BPA BVRLA MoU.pdf (dropbox.com)

Bakewell70

The NTH was issued to the Vehicle Hire Company - they only forwarded me the first page. 



I also have the MET Parking rejection letter that contains the POPLA code (this is also addressed to the Vehicle Hire Company . That is all the correspondance I have.

Umkomaas

But the hire company cannot be 'the hirer'. Looks like either they've screwed up and put their own name in the transfer of liability box, or, if the hire company had nominated your company, then MET might have messed up and issued the NtH to the wrong party. Get back to the hire company and ask how they've managed to get a NtH issued to themselves, when clearly they cannot be 'the hirer', unless they were acting as a middleman, hiring from another hire company, then sub-letting to your company. Get them to check it out.

When does that POPLA code expire?

See if anyone else wishes to comment. 

pustit

Chambers dictionary is confusing.  Either party can be the hirer!  perhaps hiree would be a better description of our OP

LDast

Bakewell70 said:

2) I did read the BVRLA Guide to Road Traffic Offences & Charges and on Page 10 under Parking on Private Land / Protection of Freedoms Act sub-section 4 it states a rental or leasing firm that is issued a parking charge notice can "pay the charge and recharge the customer who had the vehicle on hire or lease at the time the breach occurrred"

Completely and utterly wrong. Read this on page 10 of the BVRLA Guidance:

https://www.bvrla.co.uk/static/uploaded/61b3298b-a918-499b-9ac8b8bea2b726a0.pdf

If the hire company wants to hold the hirer liable for a "Parking Charge Notice" then the term in the hire agreement that the hirer signed must include the following wording:

• Paying and recharging
  Rental and leasing companies that choose to pay a private parking charge notice and recharge it to their customer should ensure that their rental/leasing agreement allows them to do this.
  
  A sample clause, which would allow you to pay and recharge, is: “You will be responsible for paying the following charges:
  All charges and legal costs for any congestion charge, road traffic offence parking offence or parking notice, or any other offence involving the rental vehicle, including from the vehicle being clamped, seized or towed away.”

Omission of the "or parking notice" contravenes the advice from the BVRLA's own trade guidance.

OP, you need to get your mind around the fact that a Parking Charge is very different from a Parking Penalty or Fine. Unless the hire agreement you signed contains the very specific differentiation between those two types of parking charges, then you are not liable for their stupidity in paying or attempting to pay the charge.

Aside from that, this parking event took place on land that is under statutory control and therefore is not "relevant land" for the purposes of PoFA. Unless MET have complied with the requirements of PoFA, only, and I repeat, only the driver can be liable for the charge. Neither the keeper nor the hirer can be held liable for the charge if MET have not complied with the requirements of PoFA.

MET have no idea who was driving and unless the hirer identifies themself to have been the driver (no legal obligation to do so) they have nowhere to go with this except to hope that the hirer is low-hanging fruit on the gullible tree and dogs themselves in the mire or just capitulated and pays the scam.

It is as rare as hens teeth that any PPC manages to get its act together and satisfy the requirements of PoFA in the case of a hire/lease vehicle.

Bakewell70

In order to get this appeal underway can anyone confirm the best approach:

(1) Contest directly to MET  - asking them to re-address correspondence to myself/my husband as per “aluanjuk” template below from 2017

 

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 XXX Ltd (Hire Company) 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

 

OR

(2) Go straight in with a POPLA appeal using one of the Edna Basher template.

Thanks !

Coupon-mad

You can't go straight to POPLA until you have a POPLA code from MET.

You should attach proof of being at that new address (utility bill maybe) to show you are the right data subject.

You also need to update your address with the lease firm who seem to have handed out an old address?