Overstayed Car Park

Reminders

I have read the NEWBIE guide but I am still unsure which path to go down.

To cut to the cake, the parked vehicle overstayed by 12 minutes and 19 seconds and received a parking fine for £100 (reduced to £60 in 14 days nonsense). It was issued by Parking Group Ltd.

Specifics: 

Entry: 20:08:22

Paid session: 20:10–22:10 (proof available)

Exit: 22:22:19

Total on site: 2:13:57

Time from entry to paying: 1 min 38 sec (consideration time before parking)

Time from paid end to exit: 12 min 19 sec (exit grace period) 

My Point (Draft): 

"Courtesy/hire vehicle – POFA Schedule 4 paras 13–14 (Notice to Hirer)

As this was a courtesy car, you can only transfer liability to me (the hirer) if you fully complied with POFA Sch 4 paras 13–14. That requires you to serve a compliant Notice to Hirer enclosing:

- A copy of the hire agreement, and

- A copy of the signed statement of liability from the hirer.

If you did not enclose those documents with your postal notice to me, then keeper/hirer liability does not arise and you must cancel. If you contend you complied, please provide your evidence: the exact Notice to Hirer you say was sent to me with the enclosed documents, and proof of posting."

Any Advice? 

Gr1pr

Yep, it's not a fine 

The grace period is a MINIMUM of 10 minutes, so the alleged overstay is de minimis 

Reminders

Gr1pr said:

Yep, it's not a fine 

The grace period is a MINIMUM of 10 minutes, so the alleged overstay is de minimis 

Should I state that the overstay of 12 minutes and 19 seconds was neccassary to leave to the car park? 

Coupon-mad

No need because the main point is no hirer liability. Are this PPC in the BPA AOS?

Le_Kirk

Coupon-mad said:

No need because the main point is no hirer liability. Are this PPC in the BPA AOS?

They are showing as being BPA

Coupon-mad

Good news. 'No keeper liability' wins at POPLA

Reminders

@Coupon-mad and @Le_Kirk - Thanks a lot for the advice. 

They did not include:

- A copy of the hire agreement, and

- A copy of the signed statement of liability from the hirer.

However, in the main body of the letter read: 

"We refer you to the notice to keeper which has been given under the Protection of Exit Time: Freedoms Act 2012, Schedule 4, Paragraph 9(2) (f). We have been made aware by the registered keeper/ vehicle-hire / lease company that you were the hirer / lessee of the above vehicle at the time of the parking event and they have provided your details, together with a copy of your signed hire agreement and statement of liability.

As we do not know the drivers name or current postal address, you are now invited to pay the charge, or if you were not the driver at the of the event, please provide the drivers full name and postal address using the contact details overleaf, within 21 days and pass this notice to them. Once this information is received, we will pursue the driver.

By virtue of the Protection of Freedoms Act 2012, Schedule 4, Paragraph 14(5) (a) any unpaid parking charges (being the parking charges specified in the notice to keeper) may now be recovered from you, as you were the hirer."

Gr1pr

Irrelevant if they didn't include what they rely on

They can say they are paying you £1000 by cheque in the letter , but if its not included,  they wouldn't be paying you a penny, due to the lack of an inclusion 

If you have a popla code,  use it,  based on their non compliance with Pofa2012 

There are a lot of smoke and mirrors claims in the paperwork from private parking companies and debt collectors,  and even solicitors 

Reminders

@Gr1pr - Is the below email suitable to send to the Parking Operator?

"I am the hirer/keeper of this vehicle.
Your Notice to Hirer is non-compliant with POFA 2012 Schedule 4 Paragraphs 13 and 14.

You have failed to supply:

• A copy of the hire agreement, and

• A copy of the statement of liability signed by the hirer,

as required under POFA.

As a result, you cannot transfer liability to me as the hirer/keeper.
Please cancel the charge or supply a POPLA code.

This constitutes my formal appeal."

Gr1pr

It is if they have not issued a popla code  ( but it's not a hirer popla appeal   )