ParkingEye

Gr1pr

If you are a lessee, meaning that the vehicle is leased, then you appeal as lessee/hirer to Parking Eye based on no hirer liability ( because Parking Eye will have failed to comply with Pofa2012, the law that could have been used by PE to transfer liability to you, if they had followed the conditions laid down in the act. )

Definitely Do not reveal who was driving, not to anyone

You are appealing as the hirer/keeper of this vehicle , who has received an NtH and are appealing that NtH based on the liability not being transferred from the actual unknown driver to the known hirer , you. !

mezmerise1

This is the one that looks most right to me, send it?

Dear Sir/Madam
Re: PCN No.
I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to myself at the address listed below:

My street
My Town
My Postcode
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 Lex Autolease 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 were not seen by the driver, are in very small print and the terms are not readable to drivers.

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.

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.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Yours faithfully,
My name


Gr1pr

You will have to adapt it, unless your lease is actually with Lex. ? It's not Civil Enforcement either !

They have failed to comply with Pofa2012 requurements applicableto a lessee or hirer too

Add the NtH reference number and VRM details, as well as the hirers name and address

Ps, you should have mentioned the not RK but the lessee in your opening post, so please do so in future if you are not the RK of the vehicle shown on the pcn invoice

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82103380#Comment_82103380

No, that's not the appeal for hire car cases by Edna_Basher.

Read the NEWBIES thread properly and don't just stop reading before you get to the dedicated bit about appeals for hire/company cars.

😋

Gr1pr

Agreed, the second link is definitely one for non compliant NtH letters to a hirer or lessee

mezmerise1

I still feel bamboozled by this.

Can I respond to them with:

‘Dear ParkingEye,

I dispute your PCN - I will not disclose the driver on 21/7/26 and no inferences can be made.

As such I will not be acquiescing to this demand for payment’

Alternatively I can appeal because the 4 hour free parking is publically known and I can get bank statements that show patronage at the bowling alley.

Coupon-mad

No need to reinvent the wheel!

You are not bamboozled; this is easy but you just need to read the right bit. Simply copy the Edna_Basher one for hirers (not companies) at the bottom of the first post of the NEWBIES thread. Hop there in a micro-second.

See my signature below. Tells you how to hop around in 2 clicks.