Windscreen Ticket Appeal to PPS for Hire Car

FCM62

Hello,

A windscreen ticket was issued to my lease car which I get through Motability for "Parking in No Parking area", there are signs that state it's a loading only zone and in fact loading was occuring.

The operator fined the vehicle 1 minute after observing it.

I wish to appeal and have read the NEWBIES FAQ thread, from what I've understood I should appeal before 21 days to prevent PPS from getting Motability involved.

Would this appeal suffice to Private Parking Solutions?

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Private Parking Solutions (London) Ltd (“PPS”). I confirm that as the hirer of this vehicle, I am it's keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why PPS’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that PPS has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

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.

Here are images related to the case:

Coupon-mad

You can't appeal an IPC firm windscreen PCN as the hirer and it's wrong to say they've forfeited liability at this early stage.  They haven't.

And technically, a Motability vehicle isn't hired.  There is no danger of Motability getting involved if you have the logbook, which I think shows your name & address?

You should wait for the postal Notice to arrive in July (but you know from the 3rd post of the NEWBIES thread that the appeal won't work and isn't designed to work).

You could just ignore it and wait till LBC stage (see 4th & 2nd posts of the NEWBIES thread).

FCM62

Coupon-mad said:

You can't appeal an IPC firm windscreen PCN as the hirer and it's wrong to say they've forfeited liability at this early stage.  They haven't.

And technically, a Motability vehicle isn't hired.  There is no danger of Motability getting involved if you have the logbook, which I think shows your name & address?

You should wait for the postal Notice to arrive in July (but you know from the 3rd post of the NEWBIES thread that the appeal won't work and isn't designed to work).

You could just ignore it and wait till LBC stage (see 4th & 2nd posts of the NEWBIES thread).

They seem to be a BPA member, I can't see IPC anywhere.

FCM62

Coupon-mad said:

You can't appeal an IPC firm windscreen PCN as the hirer and it's wrong to say they've forfeited liability at this early stage.  They haven't.

And technically, a Motability vehicle isn't hired.  There is no danger of Motability getting involved if you have the logbook, which I think shows your name & address?

You should wait for the postal Notice to arrive in July (but you know from the 3rd post of the NEWBIES thread that the appeal won't work and isn't designed to work).

You could just ignore it and wait till LBC stage (see 4th & 2nd posts of the NEWBIES thread).

I couldn't edit my reply, but also I don't have a logbook.

Gr1pr

They are definitely BPA AOS members, the signs say so , look again 

https://www.britishparking.co.uk/bpa-approved-operators


Motability hold the V5c as the Owner of the vehicle, as leaseholders, and the person with the vehicle is the lessee at the other side of the contract . So its owned by Motability and leased to the recipient in return for their mobility allowance being paid to Motability instead of the disability claimant themselves 

The V5c will be in the name of the registered keeper, but the lessee doesn't get a copy , it is retained by Motability, the owner 

FCM62

Gr1pr said:

They are definitely BPA AOS members, the signs say so , look again 

https://www.britishparking.co.uk/bpa-approved-operators


Motability hold the V5c as the Owner of the vehicle, as leaseholders, and the person with the vehicle is the lessee at the other side of the contract . So its owned by Motability and leased to the recipient in return for their mobility allowance being paid to Motability instead of the disability claimant themselves 

The V5c will be in the name of the registered keeper, but the lessee doesn't get a copy , it is retained by Motability, the owner 

Yes, I can see them on the list, thank you for confirming.

What would be the best course of action?

Gr1pr

Coupon mad said wait for the postal notice in July 

Alternatively 

Appeal as keeper on day 25,  as usual with a windscreen PCN 

Coupon-mad

Yep. As per the NEWBIES thread.

FCM62

A reminder notice has come through.

FCM62

@Coupon-mad and @Gr1pr would the following be okay?

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

Le_Kirk

Since that looks extremely like the blue text template appeal, I would say it is good.