Missed POPLA appeal period and creditor contact during breathing space- leased vehicle

Abi90

Hi all,
Apologies if this information is somewhere on the forum as I have been looking but not quite found any case like this.

I got a parking ticket in a free area for parking in a disabled bay without a permit. I had something sensitive in the car and wanted to keep an eye on it near the front of the shop window whilst I was awaiting a collection. But the shop were not ready and delayed me. 

 I didn't get a ticket on the car, only through the post. The vehicle is leased so they sent two letters to the leasing company before contacting me. They received my details on both accounts.

I put in an appeal as per the below (they had a word limit so I could not use the entire template found in this forum).

I obviously did not read the rejection properly because I missed the POPLA appeal details and I was dealing with a few things at the time so I ended up applying for breathing space via StepChange. During this time, UKPC Lt should not have contacted me but they wrote tome twice and escalated the case.

I am nearing the end of my breathing space and I have a "Notice of Transfer to Solicitor" that arrived yesterday. I have contacted my debt advisors but they said as my breathing space ends on Monday, there is not much they can do but record the breach. which I could use in court.

Does anyone have any other ideas about how I could challenge them? Apart from the POPLA code, they did not provide any of the other information I requested in the appeal below.

Manky thanks.


"I challenge this 'PCN' as lessee of the car and request all future correspondence be sent directly to myself at the address below: 

 

I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), Civil Enforcement has no reason to contact (lease company) again regarding this PCN

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs are in very small print and the terms are not readable to drivers.

 

Keepers Liability and POFA 2012 As stated in paragraph 13(2a,b,c)  AND Paragraph 14(2a,b,c and 3) of POFA 2012:

-You were required to send this information to me (as Registered Keeper) within 21 days after receiving them from the lease/hire company (xxxxxxxxxx)

-You were required to send these documents to me no later than 49 days after the NTK was sent to the hire company, which was on or before 4th June 2025

-Therefore I should have received these documents no later than 23rd July 2025

-As this has not happened, you cannot use POFA to assume keeper liability

-There is more than one driver of the vehicle which you have charged this Parking Charge Notice to.

 

There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge.

 

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

 

I look forward to receiving your response within the relevant timescales as per the British Parking Association Ltd Code of Practice."

Le_Kirk

Did you receive the PCN in your own name as a "Notice to Hirer"?  Might the POPLA code still be active (they last 33 days).

Coupon-mad

If not, just ignore UKPC and the £170 demands and await the DCB Legal LBC.

No need to show us the letters in between.

Abi90

@Le_Kirk
Yes, I received a notice to Hirer in my name as they first contacted the lease company who then gave them my details. 
I tried the code and they say it's invalid or expired, so definitely out of time with POPLA. 

@Coupon-mad what is the DCB and LBC?

Many thanks for all your help.

Coupon-mad

Acronyms are already in the NEWBIES thread.

Le_Kirk

Abi90 said:

@Le_Kirk
Yes, I received a notice to Hirer in my name as they first contacted the lease company who then gave them my details. 
I tried the code and they say it's invalid or expired, so definitely out of time with POPLA. 

@Coupon-mad what is the DCB and LBC?

Many thanks for all your help.

In which case follow the advice above by @Coupon-mad