PCN as a rental car

j05hr

Hi,

My friend is a minicab driver and dropped a passenger off. He waited in the car park for a while after and got a ticket. He rents his car from a rental company and they past it on to him. I read the newbies thread but could only see windscreen tickets when relating to hire cars. 

All help much appreciated.

Thanks

Gr1pr

Read the bottom of the first post in the newbies sticky thread in announcements,  the hirer appeals as hirer using an Edna Basher appeal 

j05hr

Thanks, I found this from Edna Basher. Is this correct?

Parking Charge Notice [XXXXXX]: Vehicle Registration [XXXXXX]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Gemini Parking Solutions 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 Gemini's 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 Gemini 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,

Gr1pr

Correct,  so adapt it to fit your case and appeal as hirer,  bearing in mind that Gemini dont offer popla or the BPA 

No blabbing about who was driving or about the incident itself 

j05hr

So do I just take the bit about about Popla/BPA?

Parking Charge Notice [XXXXXX]: Vehicle Registration [XXXXXX]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Gemini Parking Solutions 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 Gemini's 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 Gemini has forfeited its right to keeper liability, please confirm that you shall now cancel this charge.

Thank you for your cooperation and I look forward to receiving your response.


Yours faithfully,

Gr1pr

Yes, or change it to IAS/IPC , as seen at the bottom of the PCN

j05hr

Ok, thanks a lot for your help