PCN for Lease Car

drunknmunky

Hi all,

I've read through the newbies sticky but only after submitting an appeal directly to the operator, so I'm not 100% sure I can use any of the templates from Edna Basher at this stage.

I lease a car through my company (I'm one of the directors) via Lex Autolease.

I was forwarded the NTK (Contravention date 29 Match, Issue Date 1 April) by Lex Autolease by post a few days afterwards, the reason given was "Payment not made in accordance with notified terms)" It also states the contravention took place between 15.10 and 19.03.

On 29 March, I paid for consecutive 2 sessions of parking at Shree Sanatan Mandir in Wembley. Once for 2 hours at 15.16 (6 minutes after they allege the contravention took place - from memory I was on a phone call as I entered the car park and may have only paid for the parking once the call was finished), and again for another 2 hours at 17.14, just before the initial session had expired. This took my parking through to 19.14, 11 minutes after I left the car park

I appealed directly to Civil Enforcement (CE Service) with screenshots of the payments from my Online banking / Google Wallet and on 7 May they rejected my appeal (on a letter addressed directly to me) on the basis that "The payment made did not cover the full duration of stay and the vehicle remained parked beyond the time
permitted. It is the responsibility of the driver to ensure they adhere to the parking terms."

I have the option of appealing to POPLA but am unsure of what to state on my appeal other than that what I wrote on my initial appeal which contained the screenshots of payment.

I realise I should have checked this thread before submitting my initial appeal but I'd appreciate any advice, and apologies in advance if I could just use one Edna Basher's templates but I am unsure if I could do so in this case.

Thanks

Gr1pr

Did you appeal as hirer or lessee, or as the driver. ? ( you should have either waited for the NtH to arrive in the post ) or used an Edna Basher appeal template as hirer on or around day 26. )

I assume that the time on site was 3 hours, 53 minutes. ? But you paid in full for 4 hours in total , before leaving, nevermind the minimum 10 minutes grace period to leave as well

drunknmunky

I appealed as the lessee (As I am leasing the car from Lex) rather than as the driver. I did pay for 4 hours in total with no gaps in between, however I was on a phone call as I entered the car park and only paid at 15.16, and they noted the contravention began at 15.10 (I'm unsure of how long the grace period is to pay after you enter the car park).

Gr1pr

As long as full payment was made before leaving the location, payment ASAP was banned over a year ago

Read ANNEX F1.j in the CoP

Have you checked the joint Code of Practice. ?

Also, if you didn't reveal who was driving then they failed Pofa2012 in regards to transferring liability from the driver to the hirer

Read what coupon mad said below

https://forums.moneysavingexpert.com/discussion/comment/82001762#Comment_82001762

drunknmunky

Thanks for your reply. Are you referring to Civil Enforcements code of practice? If so, they don't appear to have one on their website.

If they've failed pofa2012, should I still appeal to POPLA?

Gr1pr

The current Joint Code of Practice is agreed between the BPA and the IAS, so is on both websites ( not CEL )

Yes you should appeal to POPLA, with a suitably worded POPLA appeal

Coupon-mad

It sounds like you said "I paid" in the appeal. Did you? Aaargh!

So easy to win at POPLA as hirer.

drunknmunky

https://forums.moneysavingexpert.com/discussion/comment/82002079#Comment_82002079

Frustratingly I didn't keep a copy of my appeal and I don't think they'll offer me a copy of my appeal either. I've really not played this very well so far, however I don't think I mentioned "I paid", but simply "payment was made". I hope!

drunknmunky

Thanks for all your support and comments so far. When you say "a suitably worded appeal to POPLA" would you recommend I simply repeat that payment was made and invoice the screenshots of the payments, or use a standard POPLA template (Of which I can't find a suitable one given the nature of that way I've responded to the appeal so far).

Coupon-mad

Just search the forum for:

POPLA Hirer appeal

and change to NEWEST, then go through the newest results to find one actually posted and completed (won).