PCN paid for by leasing company

travellover123

Coupon-mad said:

I'd appeal as driver which is what I said all along. Everything you are drafting gives G24 an excuse to revert to the lease firm.

Appealing as driver and attaching the authority letter ends that possibility and hooks the scam under your full control.

Ahh okay makes sense!

If I'm appealing as the driver, does it make sense for me to make points I made above about the NtK not including clear instructions on how the Keeper can transfer liability to the Hirer? And how failure to follow the procedures undermine the validity of the PCN? Or should I be arguing a different point?

Gr1pr

Appealing as driver throws those items into the bin, but should stop G24 going after your half a job lease company 

When the lease company forwarded the new PCNs and letter of authority, they should have notified the parking company AS WELL, under the legislation 

The legislation is not mandatory, but clearly the lease company are trying to shift liability onto you, hence my earlier comments about following the voluntary legislation and typical process 

The PCN itself may be valid, but if it was a major keying error then that should form part of the appeal ( each one is dealt with separately. ) so you would be arguing about the circumstances that led to each PCN, disputing their enforceability, not validity 

What you definitely don't want is the lease company paying G24 and billing you 

You should study ALL the replies in this thread because I don't think that you are fully conversant with this type of case yet, despite some superb explanations 

Coupon-mad

travellover123 said:

Coupon-mad said:

I'd appeal as driver which is what I said all along. Everything you are drafting gives G24 an excuse to revert to the lease firm.

Appealing as driver and attaching the authority letter ends that possibility and hooks the scam under your full control.

Ahh okay makes sense!

If I'm appealing as the driver, does it make sense for me to make points I made above about the NtK not including clear instructions on how the Keeper can transfer liability to the Hirer? And how failure to follow the procedures undermine the validity of the PCN? Or should I be arguing a different point?

No need. G24 are benign.  Basic appeal as driver then IGNORE.  Do not try IAS.

The priority is NOT to let the lease firm get another letter. 

travellover123

Is the following good enough for a basic appeal:

“I challenge this 'PCN' as the hirer and driver 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

Please see the Letter of Authority from [Leasing Company] company attached. 

I am the vehicle's driver, 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 [Leasing Company] again regarding this PCN.

I would like to request you reconsider this PCN as I did enter the vehicle registration number in the parking system for [shopname] to quality for their free parking however, it was entered incorrectly (AA11ACB) instead of (AA11ABC).

Given that the error was a genuine mistake, I respectfully request that the charge be cancelled. The IPC Code of Practice encourages parking operators to act fairly and consider genuine mistakes made by motorists. I trust that you will review my appeal with this in mind.

Thank you for your cooperation and I look forward to receiving your response.

Yours faithfully,”

I understand that they will most likely reject it but this should get them to stop sending letters to the leasing company right? 

The subsequent letters will come to my address which I will then have to ignore? 

Thanks! 

Coupon-mad

Errr, Civil Enforcement? Why did you copy that? Change:

I am the vehicle's driver, 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 [Leasing Company] again regarding this PCN

to

Now that you have my details and know that I was driving, G24 has no lawful reason to contact [Leasing Company] again regarding this PCN.

travellover123

Whoops sorry forgot to change that to g24! 

“I challenge this 'PCN' as the hirer and driver 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

See the Letter of Authority from the leasing company attached. 

Now that you have my details and know that I was driving, G24 has no lawful reason to contact [Leasing Company] again regarding this PCN.

I would like to request you reconsider this PCN as I did enter the vehicle registration number in the parking system for [shopname] to quality for their free parking however, it was entered incorrectly (AA11ACB) instead of (AA11ABC).

Given that the error was a genuine mistake, I respectfully request that the charge be cancelled. The IPC Code of Practice encourages parking operators to act fairly and consider genuine mistakes made by motorists. I trust that you will review my appeal with this in mind.

Thank you for your cooperation and I look forward to receiving your response.

Yours faithfully,”

Thank you!

Coupon-mad

You could call it a minor keying error near the end. That's an industry phrase.

You could also quote the awful new joint IPC and BPA Code of Practice about minor keying errors.  Show you know that the industry Trade Bodies are in agreement that these PCNs must be cancelled. Paint G24 into a corner.

travellover123

Thank you! This is super helpful. 

Will the following suffice:

“I challenge this 'PCN' as the hirer and driver 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

Please see the Letter of Authority from the leasing company attached. 

Now that you have my details and know that I was driving, G24 has no lawful reason to contact [Leasing Company] again regarding this PCN.

I would like to request that you reconsider this PCN. On the date in question, I entered my vehicle's registration number into the parking system for [shopname] to qualify for their free parking. Unfortunately, I made a minor keying error and entered the registration number incorrectly as [AA11ACB] instead of [AA11ABC].

Minor keying errors are defined by the IPC and BPA as small mistakes made when entering a vehicle's registration number into a parking payment system, such as reversing two characters (e.g., entering "AB12 CDE" as "AB21 CDE").

Given that the minor keying error was a genuine mistake, I respectfully request that the charge be cancelled. Annex F.1 of the joint IPC and BPA Single Code of Practice clearly states that parking charges must not be pursued in cases where the driver has made a minor keying error when registering their vehicle.

I trust that you will review my appeal with this in mind.

Thank you for your cooperation and I look forward to receiving your prompt response.

Yours faithfully,”

I have qouted this code of practice: https://www.britishparking.co.uk/write/Documents/AOS/NEW Redesigned Documents/sectorsingleCodeofPractice.pdf

Coupon-mad

Much much better. 

travellover123

Thank you! 

I've sent off the appeal, will let you know how they respond