UK Car Park Management (UK CPM) PCN to hirer

NetBaller85

Hello!

I’ve received a parking charge for parking on private land on 25th March (date of incident) via the company that manages my salary sacrifice car. I am not named specifically, but they have identified me as the hirer of the vehicle at the time of the incident (please see the 4th paragraph in the notice below).

Based on what I have seen on other similar threads, I was think I could appeal based on the following:

1) Protection of Freedoms Act 2012 (‘POFA’) Schedule 4 – Non-Compliant Notice to Hirer

2) No Evidence of Driver Liability

3) No Evidence of Landowner Authority

Just wanted to gauge if this feels like a reasonable basis to challenge? Even if I do, I imagine they'll reject the initial appeal based on the responses I've seen from people challenging Premier Park (part of the same Group).

Coupon-mad

Read their final paragraph!

They are only trying to recover a sum from the DRIVER (not the keeper or hirer) so keep the non-POFA argument - and that observation about their final paragraph - for IAS stage only.

Just appeal as hirer/lessee (NOT AS DRIVER) and say you have seen no evidence that the vehicle was even parked for any period, let alone evidence of a prominent sign with a relevant obligation / contractual term and there is no evidence that there were any clear directions (available to all drivers) to a mechanism to 'register' whatever that means.

NetBaller85

Thanks! Apologies for the slow response. I was trying to see if it was possible to have the landlord appeal but they’re not interested.

This is the signage. There is a kiosk at reception to register vehicles and the ask is to do so within 15 minutes (based on a discussion I had with security on site). The vehicle had exited the area within this time frame.

Can you appeal (as the hirer) on the basis that the signage is insufficient for drivers to be able to reasonably see (whilst driving) that they are subject to a fine just by entering the land?

Coupon-mad

Yes but I already said what to put!

NetBaller85

Hello. As expected the appeal with UK CPM has been rejected. Is it worth going to IAS given that they tend to reject too?

Interestingly the signage at the site has been updated (after the incident) so that it’s clear prior to entry that there are parking restrictions.

Coupon-mad

Why not just do an IAS appeal as keeper, saying it's non-POFA and so there's no keeper liability.

Make UKCPM do some work then show us the IAS rejection & add it to the IAS Decisions thread.

You'll never have to pay so let's see the IAS reject a law-based appeal.