NSGL Parking

Gr1pr

Mainly, if they fail to include a copy of the contract,  your lease or hire contract , private parking companies tend to always fail this section of Pofa2012 

Plus, timescales,  wording,  period of parking/stopping,  location missing,  contravention missing 

And remember the golden rule,  no blabbing about who was driving,  not to anyone  !

michael8626

Gr1pr said:

Mainly, if they fail to include a copy of the contract,  your lease or hire contract , private parking companies tend to always fail this section of Pofa2012 

Plus, timescales,  wording,  period of parking/stopping,  location missing,  contravention missing 

And remember the golden rule,  no blabbing about who was driving,  not to anyone  !

On my lease, I am down as the only person permitted to drive the vehicle. How would a private parking company obtain a copy of my lease contract? 

michael8626

I have today received my copy of the notice to hirer. 

There is now a location listed, albeit very generic ‘Market Place 1’ which I presume is their own internal code for the location? 

There is no street, postal town, city or postcode on the front or reverse, just Market Place 1

Car1980

Gr1pr said:

Is it addressed to YOU from NSGL  ? Or to the lease company   ?

I think that the lease company are telling you that they have named you as hirer or lessee to the parking company,  in which case wait for your NtH to arrive in the post in the near future 

Nsgl are not an authority,  they are wrong there 

No driving offence was committed,  just an alleged contravention,  probably being stopped on site for more than 10 minutes 

Not even a contravention. That's council penalty charges.

It's just an alleged payment owed under contract.

Gr1pr

Regardless of the terminology,  its an invoice for being on private property beyond the minimum consideration period requirement to register the vehicle to authorise it to be there 

A generic place listed , no actual location,  could be in Timbuktu market  !

No period of "parking " just 2 pictures of the vehicle stopped on private property for 11 minutes and 59 seconds , ,  no evidence of "parking "

More importantly,  I bet that there's no lease or hire agreement accompanying the NtH invoice! A fatal flaw under Pofa if I am correct   ?  Yes or No 

Where would NSGL obtain a copy from  ?  You ask  

From the lease company or hire company,  a requirement under POFA 2012 if they want to transfer liability to the hirer from the keeper  ( but never seems to happen   )

Where they get it from isn't relevant,  if you didn't receive a copy with the NtH then they failed to transfer liability to the lessee or hirer,  to you 

So as I mentioned earlier,  that is the golden nugget to appeal as hirer,  the other issues are secondary flakes of gold,  to add to their failures 

You appeal as hirer/lessee,  based on no hirer liability due to the failures above,  no disclosing who was driving,  not even if it seems obvious 

Then appeal to popla ignore NSGL reject your appeal 

I do hope that you have read a few other hire or lease vehicle threads on here,  plus the Edna Basher advice too  ?  ( you dont seem to have understood the basics yet  ) I can assure you that many other drivers can drive that vehicle legally,  not just the hirer

michael8626

Gr1pr said:

Regardless of the terminology,  it'd an invoice for being on private property beyond the minimum consideration period requirement to register the vehicle to authorise it to be there 

A generic place listed , no actual location,  could be in Timbuktu market  !

No period of "parking " just 2 pictures of the vehicle stopped on private property,  no evidence of "parking "

More importantly,  I bet that there's no lease or hire agreement accompanying the NtH invoice! A fatal flaw under Pofa if I am correct   ?  Yes or No 

Where would NSGL obtain a copy from  ?  You ask  

From the lease company or hire company,  a requirement under POFA 2012 if they want to transfer liability to the hirer from the keeper  ( but never seems to happen   )

Where they get it from isn't relevant,  if you didn't receive a copy with the NtH then they failed to transfer liability to the lessee or hirer,  to you 

So as I mentioned earlier,  that is the golden nugget to appeal as hirer,  the other issues are secondary flakes of gold,  to add to their failures 

You appeal as hirer/lessee,  based on no hirer liability due to the failures above,  no disclosing who was driving,  not even if it seems obvious 

Then appeal to popla ignore NSGL reject your appeal 

I do hope that you have read a few other hire or lease vehicle threads on here,  plus the Edna Basher advice too  ?  ( you dont seem to have understood the basics yet  ) I can assure you that many other drivers can drive that vehicle legally,  not just the hirer

No copy of lease with NtH. 

Could this impact back in anyway on the lease company? 

Gr1pr

It may do, but that is their problem due to not knowing the law for England and Wales,  not following the law and failing to follow the BVRLA memorandum of understanding,  assuming that they are BVRLA members,  which I believe that they are 

They have had 12,5 years to get it right so their problem,  as is the use of incorrect words like fine, penalty,  authorities and any other incorrect words 

Again its not your problem,  its the same for all hire or lease companies,  you are not their oversight employee or legal representative,  just a lessee who should follow the process even if they dont 

Your lease contract will have legal wordings that you probably never read or understood,  its the same for them too

In simple terms,  cover your own rear,  but they must take responsibility for their own shortcomings,  not just VW, all of them 

Meanwhile,  NSGL have failed to transfer liability from the keeper to the hirer due to the lack of including a copy of the lease company contract 

You should also realise that we have not commented on the incident itself that led to the pcn being issued,  the unauthorised 11 minutes and 59 seconds, neither should you

Fruitcake

Appeal as hire using the relevant edna basher letter you will find in the sticky Announcement for NEWBIES. There are three to choose from and they can be found just after the template in blue text (that should not be used in this instance).
Show us your draft appeal before you submit it.

michael8626

Update - 

I have now received a further postal parking charge, this one now includes a full address of the alleged incident, a reference to the protection of freedoms act 2012 schedule 4, and a comment that they are now in possession of a signed copy of my hire agreement. 

It’s almost like they are reading this forum. 

They have not asked me to disregard any previous communications they have sent me on this subject? 

michael8626

I’m hoping this second letter doesn’t change things