Smart Parking PPC for Company Lease Car

Flounder

I received a PPC when I was picked up from Lincoln Station on 3rd December 2024. I have a lease car and I read through the details on the Newbies thread but it refers to windscreen tickets so I was just wondering about the time frames and next steps. 

In my case the car leasing company has informed me of the PPC (17th December 2024) and supplied Smart Parking with my details as the keeper. I have instructed the leasing company not to pay the PPC (they indicated they would deduct it from my salary and charge an admin fee if they were contacted again). I told the leasing company I would challenge the PPC and they must not pay it. They have acknowledged receipt of the email.

I have not received the NTK from Smart Parking as yet and calculate that >21 days from Smart Parking contacting the car leasing company would be 8th January 2025. Should I be appealing or just waiting to see if Smart Parking fail to send the PPC to me as the keeper? Thanks for any advice.

(Posted in a new thread as per rules rather than hijacking a previous one....soz  )

Gr1pr

As I mentioned in the other thread 

You wait for a Notice to Hirer from not so Smart parking,  then follow the Edna Basher advice for hire or lease vehicles,  at the bottom of the first post in the newbies sticky thread in announcements at the top of the forum

No blabbing about who was driving,  no paying either 

As a hirer or lessee you have no legal liability because nit so Smart always fail to use a 12 year old law named POFA 2012

But you are following the hirer pathway,  not the registered keeper pathway,  and certainly not the admitted driver pathway 

No blabbing,  no paying,  wait patiently for an NTH with your name and address on it , then follow the same path as this TPS one below,  based on Edna Basher advice,  pofa, no keeper or hirer liability etc 

https://forums.moneysavingexpert.com/discussion/6564585/notice-to-hirer-total-parking-solutions#latest

Flounder

Just to update I have received the PCN from Smart Parking today with no other documents. So I wait now until 1-2days before and point out the items below as in the linked thread:

1) Smart Parking have not provided the Hirer with the documents specified under POFA Sch4 S13(2) - i.e. confirmation that from hire company that the vehicle was hired, copy of hire agreement and a copy of statement of liability signed by hirer (as per POFA Sch4 S14(2))
2) Smart Parking have not provided the Hirer with a copy of the original NtK (as per POFA Sch4 S14(2))

I got my dates a bit confused from original post due to 2 train journeys...
Contravention 24.11.24
PCN Issued 04.12.24
Leasing Company informed hirer 17.12.24
PCN issued to Hirer received in post 03.01.25 (with no update to issue date and 14 day bribe)

Coupon-mad

You can send any old appeal as long as you say that their notice is non-POFA and don't tick 'driver' in their appeal page if it asks.

Hoenir

Flounder said:

they indicated they would deduct it from my salary and charge an admin fee if they were contacted again

What's your employer's written company vehicle policy? Leasing company will not deduct anything from your pay as they have no authority to do so. 

Flounder

Hoenir said:

Flounder said:

they indicated they would deduct it from my salary and charge an admin fee if they were contacted again

What's your employer's written company vehicle policy? Leasing company will not deduct anything from your pay as they have no authority to do so. 

I'll have a look when I get back in. Leasing company won't try to deduct anything now I've clearly told them not to.

As I've received a NtH only with no other documents (see attached) I need to send the Edna Basher template to dispute the PCN on the various grounds stated? No need to wait any longer?

Gr1pr

Definitely appeal on no hirer liability,  non compliance with pofa,  BEFORE  the appeal deadline expires,  when it suits you.

Flounder

Ok. Thank you. I'll send that by email this weekend.

Appeal based on not the driver?

Gr1pr

The last one, OTHER  ( appealing as hirer   )

Most of the categories are weighted in their favour,  they dont have a category that says something like 

We made an error due to not complying with a 12 year old law known as POFA 2012 but still want the money 

Flounder

Am I giving them time to conform with POFA2012 by appealing too soon though? Sorry for any misunderstanding but this is not an area I am familiar with!

Gr1pr

They already failed pofa for various reasons,  including no hire docs

Smart parking never even try use pofa,  so its never an issue with not so Smart