Private land PCN but venue is closed

rak8180

Do you mean this one ? https://forums.moneysavingexpert.com/discussion/comment/69859059#Comment_69859059
You have linked a few in the newbies so not sure exactly which one you mean sorry

Coupon-mad

rak8180 said:

Ok I have received this so I am assuming he passed on my details as the hirer. Interesting that it has taken nearly 2 weeks to arrive so I only have a few days until the 14 day discount is up. Not that I think that matters because I have absolutely 0 intention of paying this.  
This is the back

Clearly not POFA worded. No hirer liability. Yes that Edna Basher example is what to use (but clearly not copying the word 'Highview').

rak8180

This is the back

Coupon-mad

Unusual that you can email an appeal!

rak8180

This is what I am appealing. Is it ok ?

Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Parking Collection Services (PCS) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

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 your 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.

Given that PCS has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

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

No, PCS isn't the parking firm.

Gr1pr

A month ago you told me the name of the actual parking company,  after I told you who the debt collectors and back office companies were

rak8180

Ah sorry so I should change the PCS bits to Parking Enforcement and Security Services? 

rak8180

Ok so I am sending this off 

Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Parking Enforcement and Security Services as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

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 your 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.

Given that Parking Enforcement and Security Services has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

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,

Myself assisted by Coupon Mad and Gr1pr

Coupon-mad

Looks good now. PCS handle the appeal (as the NTK & NTH says) but they aren't the parking firm which is PESS.