Britannia Parking Initial Appeal Rejected

thelegendofyrag

I have had an appeal to Britnannia parking for a PCN rejected, having used the standard blue template within the sticky thread. 

The vehicle is a leased company car, the date of contravention was 03/02/2024 and the PCN was issued on 5/03/2024.

I appealed on 15/03/2024 and received the appeal rejection on 10/04/2024
A PCN final reminder was sent 29/04/2024 directly to my home address.

At the time of parking the payment machines were not operational. Do I state this within my latest appeal? Which template would i be best using having had the initial appeal rejected? They state within the appeal rejection that the PCN was issued as I failed to make a valid payment or validate my stay at the reception/kiosk (the car park was at a pub) Patrons must either enter their registration or purchase a ticket at the machine.

Gr1pr

There are no popla templates for appeals, just previous cases 

The hirer appeals to popla after reading other recent previous hirer appeals on here

The hirer can state that they believe that the machines were not operational, but most appeals are based around POFA failures 

LDast

Was an NtH sent to you, in your name as the hirer?  If you appealed, using the blue template, then you used the wrong appeal. Not that it is fatal to your case though. As long as the drivers identity has not been revealed, you will be OK as the hirer.

Can you please confirm whether you received the NtH or a copy of the NtK that was sent to the lease company?

thelegendofyrag

LDast said:

Was an NtH sent to you, in your name as the hirer?  If you appealed, using the blue template, then you used the wrong appeal. Not that it is fatal to your case though. As long as the drivers identity has not been revealed, you will be OK as the hirer.

Can you please confirm whether you received the NtH or a copy of the NtK that was sent to the lease company?

The original nth was sent to my company so in turn was sent to me via the person who deals with our company cars.

I then appealed so obviously had to include my name and address but not as the driver.

The appeal response was sent to me via email with my name and address

The Final Notice Reminder was sent to me via post to my home address.

Fruitcake

If your company received a NTH, then Britannia must have first sent a NTK to the hire/lease company who must in turn have informed Britannia that your company was the hirer/lessee. Please confirm this is the case.

If that is the case, then the PPC were aware that it related to a hire/lease vehicle. That being so, did the documents mandated by paragraphs 13 and 14 of the PoFA arrive with the NTH?

If no rejection was received that contained a PoPLA code, then the hirer/lessee should complain to Britannia. If they get nowhere, then they should complain to the BPA.

thelegendofyrag

Apologies, yes I have found the NTK, email was from the lease company not my company contact.

It was dated to the lease company 8th February.
It states:
Protection of Freedom Act 2012 Paragraph:
You are notified under paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the vehicle is required to pay this parking charge in full.

This notice is given to you under Paragraph 9(2)(b) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to our compliance with the applicable conditions under Schedule 4 of the Act.

There is a POPLA code within the rejection letter on the 10th April which I've missed.
Final notice reminder received on 29th April

Fruitcake

Did the hire/lease company pass the keeper's hirer/lessee's details to the parking company? If not, they, the lease company remain liable for the charge and your company now runs the risk of the lease company paying the charge then billing your company plus a surcharge for the privilege.

The hirer (your company) MUST tell the lease company not to pay the charge, but MUST tell them they MUST pass the hirer's details to the parking company, otherwise they, the lease company will remain liable.
If the lease company is a member of the BVRLA, then they should already know this and be following their trade associations requirements, and not simply forwarding the NTK to the hirer/lessee.

The hirer must also tell the lease company that the hirer will not pay the charge or any surcharge, but will robustly defend this in court if the lease company do not follow the correct process as mandated by the strict requirements of the PoFA 2012.

thelegendofyrag

Yes so it passed from being addressed to the lease company, to my company and now to myself.

I have a copy of a letter the lease company sent to Britannia parking authorising them to communicate directly with the nominated person within my company and included their name and our company's head office address.

Also, a letter from the lease company to my company confirming transferring liability of the offence to my company and referencing my name.

Fruitcake

Okay, so the lease company followed the correct procedure and passed the hirer's details to the hirer, which is your company, and you have been nominated as the company representative to deal with it. This means Britannia were aware this was a lease car and therefore the NTK sent to your company was also the notice to hirer. The lease company are therefore no longer liable, having correctly transferred liability to the hirer.

Were the documents stated in paras 13 and 14 of the PoFA included with the NTH? If not, then the hirer cannot be held liable.

Unfortunately, the PoPLA deadline has expired, which is a shame because it would easily have been won, assuming the relevant docs were not given. I thing the only option now is for the hirer to send a statement of fact to Britannia stating that since the docs mandated by the PoFA 2012, paras 13 and 14, were not given with the NTH, the hirer cannot be held liable, so they should cease and desist, or contact only the driver who will not be named.

thelegendofyrag

The only document I can see has been provided to Britannia Parking via the lease company is the third party authorisation letter confirming Britannia Parking should communicate directly with my company. Do you refer the hirer as in my company or me?

LDast

I think we need to verify that the Hirer (the OPs company) have not just named the OP as the driver, as is their right to do so in the NtH. Whilst the PPC may have failed to comply with the requirements of PoFA to hold the Hirer liable, if the Hirer has named the driver, then this may be an exercise in futility.