PCN Notice... Lease Car

pigwidgeon

Hi everyone

Today I received an email from my car leasing company (NHS fleet solutions) to say I have received a PCN from (the apparently infamous) Angeloume Way car park in Bury. I visited in November last year and parked up opposite Argos. Anyone who's visited that car park will know that it is extremely confusing, there's contradicting signage and two different ways to pay. I didn't have any cash on me for the cash machine, but I found one that uses the Pay By Phone app. So I used the app to pay for my parking, and left within the time frame. 

Since getting my PCN I've gone back through receipts only to find that the one I paid for was 'George Street', and after lots of reading around on the internet, I have found that it was a council-owned car park I paid for. I may add that there was absolutely no reasonable way for anyone to know that, and I believe many people have been caught out by this.

With these PCNs I know that, largely, they can be ignored. However, I lease my car and they were notified before I was. I have several worries about this:

1. I assume if I don't pay, they'll just take the money from the lease company and I'll get charged regardless.

2. They won't care that the signage is extremely deceptive, they'll only care that I didn't pay for *their* car park and therefore will want the money off me

3. I parked there at the end of November. It has been two months before they decided to notify me - does this mean I can contest it on those grounds?

4. I parked there again a month later on 28th December, I'm extremely scared the exact same thing will happen again and I'll be double- fined (at £60 per fine, it's no chump change).

Is anyone able to advise on this? I'm worried sick, and also really annoyed as it feels like the car park is designed poorly, and that isn't the fault of the user.

Half_way

This / these PCNs are not fines or penalties, and if you are dealing with hire or lease companys it's important not to call private parking charges fines or penalties or use words like offence/offences

What are the exact words of the lease/hire/rental agreement in particular where it mentions other charges such as fines /pakring tickets and so on

Coupon-mad

What has the lease firm said? Have they passed your details to the 'scammers' so that you get your own NTH soon?

pigwidgeon

Hello, yes they said this:

For your information we have today received and processed a representation for a parking charge involving your lease vehicle.

To avoid any risk of the cost escalating we recommend that you review the PCN details and evidence via the Smart Parking website with the details below:

PCN Number: redacted

Vehicle Registration Number: redacted

Should you be satisfied with the details of the charge, please settle this directly with the issuer via their website.

In line with your contract we have provided your name and postal address to Smart Parking who will write to you directly. If you would like to appeal the charge, please wait until you receive a copy of the fine in your name before submitting an appeal. Instructions on how to appeal can be found on your paper notice or on the issuers website. Should you submit an appeal in advance of liability being transferred into your name, this may cause the appeal to be automatically rejected. If you have not received a copy of the notice within 2 weeks of this email, please contact us via email at fleet.aftercare@nhct.nhs.uk so we can issue you a copy of our representation letter to submit with your appeal. 


Unfortunately I panicked and logged onto the website and appealed it immediately.
I'm not at all versed with these types of matters so I don't really know what I'm going. I'm good at many things but this isn't one of them unfortunately for me!

Coupon-mad

Why did you do that? You probably said who was driving and threw away the first winning point; would have been so easy.

Luckily there's a second winning point v Smart at POPLA stage that involves ONE LINE. I'm gonna leave you to search the forum & find it!

It's good to learn by research. 

pigwidgeon

Is there anyone else who can help, without cryptic puzzles? Thanks. 

Bushcamp25

I’ve just come home off holiday to a letter from Smart Parking for the exact same scenario as yourself. Parked near Argos and paid at the nearest pay station which signposted me to pay on pay by phone 🤦🏻‍♀️

Fruitcake

What did you put in your appeal to Smart, and what does your hire/lease agreement say about parking charge notices from unregulated private parking companies as opposed to fines and penalties? What it doesn't say is equally important.

Irrespective of the above, you must instruct the lease company not to pay the charge now they have discharged their liability under the PoFA 2012. 

Have you completed Plan A yet, a complaint to the landowner and your MP?

Please also sign the petition linked from the post below, and get all your friends and family to do the same. Getting MPs involved is the only way this unregulated industry will ever be brought under control.


Parked in a disabled Bay, no ticket - Page 3 — MoneySavingExpert Forum

ChirpyChicken

To beat Smart @ POPLA the only thing the the poster needs to do in their popla appeal is:
This operator does not have a contact at the site to issue PCN's

No cryptic puzzles needed, thats it just log it and let us know when smart withdraw

Fruitcake

Bushcamp25 said:

I’ve just come home off holiday to a letter from Smart Parking for the exact same scenario as yourself. Parked near Argos and paid at the nearest pay station which signposted me to pay on pay by phone 🤦🏻‍♀️

Please read the sticky Announcement for NEWBIES and follow the advice there. If you need further help, then please start your own thread.

Plan A first, a complaint from the keeper to the landowner and the keeper's MP without identifying the driver.

Plan B is to appeal, but I can already see that your case is not the same scenario as the OPs, so you need to make sure you use the correct appeal template.

Le_Kirk

pigwidgeon said:

Is there anyone else who can help, without cryptic puzzles? Thanks. 

It's not a cryptic puzzle; it is a genuine attempt from one of the most prolific contributors to the forum to get you to help yourself by searching the forum. You will then become more adept at navigating, not just this forum but all  forums.