Quick Clarification on Hirer Appeal – Missing Location on PCN

14wrence

Hi all,

I’ve read the FAQs and various posts carefully (thank you to everyone who’s built up such a useful resource), and I’m following the process as best I can.

Just one point I’d really appreciate a bit of advice on, if that’s okay:

The PCN I received doesn’t actually specify a location — just images of the car entering and leaving. It genuinely took me a while to work out what it related to, as it was almost a month ago. After checking calendars and discussing it with my partner, we figured out it was a visit to a multi-storey car park where she’d taken our child to a birthday party.

I’ve followed Plan A and submitted a complaint to the landowner today (Colliers, as far as I can tell), since it’s part of a managed leisure complex.

I now need to send the initial hirer appeal tomorrow (using Edna Basher’s template), and just wanted to check:

Should I include the fact that we paid on exit (which we did, and have proof of)? Or is it better to keep the first letter strictly to Edna Basher’s wording and hold back that detail for now, in case the missing location strengthens our position?

I wouldn’t normally post, but I have to send this off tomorrow (last day before I go on holiday), so I just wanted to double-check this one detail before hitting send.

Me rushing is also important so I deflect liability from my leasing company — they’ve already written to say if I do not sort this they intend to pay and invoice me, which would make it much harder to challenge after the fact.

Thanks in advance for any help — and apologies if I’ve missed anything. I’ve tried my best not to ask something already covered.

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Draft of the appeal letter I plan to send:

To: Minster Baywatch
Re: Parking Charge Notice No. [Insert Number]
Vehicle Registration: [REDACTED]

Dear Sir/Madam,

We are in receipt of the above-detailed Parking Charge Notice ("PCN") dated 04/04/2025, issued to our leasing company, Mobilize Lease & Co, in respect of an unpaid parking charge allegedly incurred — with no location disclosed on the PCN.

We confirm that [My Company] is the vehicle’s hirer and keeper for the purposes of the definitions under Schedule 4 of the Protection of Freedoms Act 2012 ("POFA"), and we write to dispute this PCN.

Although the PCN states the reason for issue as "Parking fee covering visit duration was not paid in full," it provides no evidence to support this claim. In the absence of any conclusive evidence of the alleged breach, we trust you will agree that it would be unreasonable to expect payment of this charge.

In addition, the PCN fails to comply with the strict requirements of Schedule 4 of POFA. In particular, it does not specify the land on which the vehicle was parked, in breach of Paragraph 7(2)(a). As a result, Minster Baywatch has forfeited any right to claim unpaid parking charges from either Nissan Financial Services or [My Company] as the vehicle’s hirer and keeper.

Please therefore confirm, within 28 days, that you accept that neither Mobilize Lease & Co nor [My Company] has any liability in this matter, and that this is now solely a matter between yourselves and the driver.

Yours faithfully,
[Me]
For and on behalf of [My Company]

14wrence

Here is the picture: 

LDast

You can't respond to an NtK that is not addressed to your company (the Hirer). The lease company has to transfer liability away from themselves by passing the Hirer's details together with copies of the required documents as required by PoFA paragraph 13. Once they have done that, Minster Baywatch has to then issue a Notice to Hirer (NtH) to your company. It is that notice that you appeal as the Hirer.

Your company is only the "Hirer", not the Keeper. Don't confuse the issue. Your company may be the "day to day keeper" of the vehicle but for all intents and purposes, your company is the Hirer only. In these instances, we only refer to the Hirer or the Keeper (Registered Keeper).

kryten3000

This appears to fail Paragraph 9(2)(a) because it does not specify the location, not the first Minster Baywatch charge I have seen in recent days with the same deficiency..

Coupon-mad

Ooh never seen one with the location blank.

kryten3000

Looking a little more closely at the PCN I mentioned above, I think this is the same location, near a Vue cinema with Minster Baywatch only recently inflicted on the car park.