Hirer Notification - Excel Parking

paulh1983

Afternoon all, 

Received a Hirer Notification PCN late last month for parking at my local gym on my lease vehicle - agreement with the gym (PureGym) is you can park in the car park if you enter your details onto the tablet inside the gym and you get 2hours.   Tablet is rubbish, always crashes, often out of action with a scrap of paper knocking about...I know I entered my details as it's part of my routine (enter, reg into tablet, bag into locker, fill up water - I'm that person who has the same routine.   

Contacted the site management team for the car park, made the points above about the issues with the tablet previously and knowing I will have entered my details but impossible to prove a negative right?  They came back saying tablet was working, need to appeal etc. 

Done my reading on this and was preparing an appeal based on the Edna Basher templates but then got myself a bit confused. 

There was none of the following with the PCN ((a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and, (c)a copy of a statement of liability signed by the hirer under that hire agreement.) so that was to the crux of my appeal.  However seen a few posts saying that Excel as member of IPC is pointless appealing at any stage and just ignore until court.

But this seems to suggest it should be appealed - https://forums.moneysavingexpert.com/discussion/comment/67815901#Comment_67815901

The PCN states that "A NTK has previously been served on the Registered Keeper of the vehicle, who in turn has named you as the hirer at the time of the contravention".

Also confused by timings.  The 28-day deadline for appeal is 26th November yet for the above bold points POFA states "The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given—" which in theory means Excel have until the 27th November to send me copies of statement from the lease firm, copy of the agreement and copy of the statement of liability.  

Sorry, just very confused. I've gone through the Newbie Thread again and again trying to make sense of it but each time I get more confused.
 

Fruitcake

In my opinion, all PCNs should be appealed. If it gets to court you will be able to show that you tried to narrow the issue.

Appeal as hirer/lessee using the edna basher letter, as near to the appeal deadline as possible. This is to ensure that Excel won't be able to provide the documents required by paras 13 and 14 of the PoFA, and therefore can't hold the hirer liable, as long as the driver's identity is never revealed.

I also believe an IAS appeal should be made. If you are lucky, you will be on of the 4 - 5% of motorists who win. If not, it will be useful to show the government how useless the unregulated and non-independent IAS appeal system is.

paulh1983

Thank you so much.

Coupon-mad

Definitely appeal to hook it fully in your direction. You cannot ignore and risk the sharp practice of Excel going back to the lease/hire firm because they'll panic and pay the thing.