Notice to Hirer from Euro Car Parks (EV charging bay)

Leopold_2

I charged my EV at a car park managed by Euro Car Parks. EV charging appears to be exempt from the parking charge, but I missed a sign on a tall pole that shows a number that you are supposed to text your registration to.

The car is leased from Tuskerdirect. They received a Notice to Keeper and sent my details to Euro Car Parks on 10th September. I received a Notice to Hirer on 8th October. This is non POFA compliant because they didn't include the Notice to Keeper or the hire agreement with it. Tuskerdirect told me that they didn't send them the hire agreement which I think means that they haven't properly discharged their liability. I am therefore concerned that they could pay the £100 and pass the cost to me. This is what Tuskerdirect sent to me.

• If you accept liability, please make payment. Information on how to make payment can be found on the attached notification.

• If the discounted amount is not available, please wait until the notification is reissued to you at home from the authority, when the discount period will then restart, and you may then be able to pay the discounted amount.

• If you do not accept liability please appeal to the authority directly. You have 28 days from the time the notice is issued to do this, and instructions on how to appeal are included on the attached notice.  To enable you to speak to the authority directly we have attached a Third Party Authorisation letter. You will need to send this letter with your appeal.

• If you take no action and Tusker is served with a 2nd notice payment will be made and invoiced to your employer for deduction from your salary along with an administration fee.

• Please note we are unable to appeal on your behalf as we are not the driver of the vehicle. If you are intending to challenge, you must let us know by emailing fleetadmin@tuskerdirect.com failure to do so may result in the notice being paid.

I waited for the Notice to Hirer before appealing as I expected it to be non-compliant with POFA.

The discount period for £60 ended on 15th Oct, but I assume my objective is just to obtain a POPLA code and win it at that stage, so that is irrelevant? The 28 days ends on 29/10/2024.

I could also appeal on the basis that EV charging is exempt and the sign was too high for me to notice. I have a receipt from BP Pulse to prove that I was charging my car. Or should I simply send the following appeal?

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 me at the address listed below:

Address...

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 Tuskerdirect Limited 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,
...

Thanks for any advice!

Fruitcake

You must instruct the lease company not to pay the charge, and tell them that having named you as hirer/lessee they are no longer liable, and that you will be dealing with this yourself directly with the PPC.

Your appeal as hirer looks like the edna basher version, which is the correct one to use, except you need to ensure you quote the correct PPC, which is not CEL. You could mention that the vehicle was charging at an EV station (refuelling) which is not parking, if you wish.
You should mention that the NTH is not PoFA compliant, but wait until as near to the appeal deadline to ensure they can't comply with the PoFA.

Do ensure that you do not reveal the driver's identity, so don't use the wording from your original post that gives that away.

Gr1pr

Please note 

ECP is not an authority 

There is no need to include the third party authorisation letter with YOUR hirer appeal to the NtH

No blabbing about who was driving 

Do inform Tusker of your intention to appeal as hirer 

Follow the Edna basher advice, plus the advice by Fruitcake above too

Coupon-mad

 Very very easy, these ones.

Leopold_2

I've updated my appeal based on the advice above. Does this look OK to send?

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 me at the address listed below:

Address...

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), Euro Car Parks has no reason to contact Tuskerdirect Limited again regarding this PCN.

The car was left charging in an EV charging bay, which is not parking. I attach an invoice from BP pulse as proof of this fact.

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.

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 Euro Car Parks’ 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.

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,

...

Coupon-mad

I'd remove the below then send it:

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.

Leopold_2

Not sure if it's relevant but the car park is for a Miller and Carter restaurant. Only a couple of the bays are for EV charging.

Coupon-mad

Doesn't matter because these leased/hire vehicle cases are always won at POPLA due to no enclosures accompanying the NTH.

Leopold_2

If it is won at POPLA will Euro Car Parks still be able to hold Tuskerdirect liable for the charge? They have said that if they are contacted again they will pay the charge and deduct it from me with an additional admin fee. My understanding is that by not providing my lease agreement to Euro Car Parks they haven't properly discharged their liability under POFA?

Grizebeck

Leopold_2 said:

If it is won at POPLA will Euro Car Parks still be able to hold Tuskerdirect liable for the charge? They have said that if they are contacted again they will pay the charge and deduct it from me with an additional admin fee. My understanding is that by not providing my lease agreement to Euro Car Parks they haven't properly discharged their liability under POFA?

No this not correct
do as CM advises,. very easy
your overthinking it

Leopold_2

Here's the part of POFA I was referring to.

13 (2) The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given—

(a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

(b)a copy of the hire agreement; and

(c)a copy of a statement of liability signed by the hirer under that hire agreement.

I will of course follow the advice. I just wanted to know where I stand in relation to the lease company as they are the registered keeper.