ParkingEye - Lease Vehicle!

Rocky27 · 17 September 2018 at 1:45PM

Hi all,

What an amazing resource, run by amazing people :T

My story - PE have issued a PCN to my partner, trying to charge her £100 for overstaying 40mins in an apparent 4hr parking window at Imperial Park in Bristol at the end of August 2018.

She genuinely spent 4.5hrs shopping and lunch and has various receipts to cover this.

The main point behind all of this is the vehicle is a lease car, the PCN has come directly to us and not via the lease company (as far as I know!), I am wanting to appeal and hopefully not have to go down the POPLA route.

Letter:

Ref:
Reg:

As per your PCN issued on 5th Sept to the keeper of (reg), under POFA 2012 and confirm the keeper is only liable if you meet the applicable conditions. As the car is on a lease and you did not include the lease details you have failed to meet these conditions and I am not liable. If you disagree with this statement then issue a POPLA code so I can take this to POPLA.

Kind Regards,
Mr Bla

[/B]

I have noted the lease vehicle thread(s) but they seem to be company cars rather than a private (pcp) lease.

Any help massively appreciated :A

Redx · 17 September 2018 at 3:08PM

whilst you "could" send your proposed appeal to them on their portal, as KEEPER

we always recommend using the blue text template in the NEWBIES FAQ sticky thread

if you add an additional paragraph, be careful with your words and do not reveal or imply who was driving

be it a lease vehicle or not, the appeal comes from the keeper , but the threads about lease companies etc is only about the extra stage BEFORE the hirer/lessee gets the pcn delivered to themselves

the keeper appeal is always from the keeper, as is the subsequent popla appeal

chances are that nothing can be said that will make the PPC back down at thios point, there is no potential profit in upholding any appeal

adding copies of receiots and/or redacted bank statements (without revealing the driver, so as an occupant of the vehicle) may win through

ditto with a landowner or M.A. complaint , so get complaining asap, without revealing who was driving at the time (of course)

Coupon-mad · 17 September 2018 at 3:12PM

Letter:

Ref:
Reg:

As per your PCN issued on 5th Sept to the keeper of (reg), under POFA 2012 and confirm the keeper is only liable if you meet the applicable conditions. As the car is on a lease and you did not include the lease details you have failed to meet these conditions and I am not liable. If you disagree with this statement then issue a POPLA code so I can take this to POPLA.

Kind Regards,
Mr Bla

It's not a letter, don't post it snail mail.

But the above is fine, just needs the receipts without saying who was driving (PE cancel all the time, when they see lots of money was spent).

The appellant needs to do what the Newbies thread says, and add the receipts as well, you can upload images to ParkingEye.

Just add ''having said the above, the occupants of the car were genuine shoppers in the sales at the retail park and various receipts are attached to prove patronage. We have also complained by email to Imperial Retail Park Management about ParkingEye's harassment.''

Choose ''lessee/hirer'' in the drop-down menu.

Then do that complaint email (Google the retail park) and/or go stomping in to various shops and require this week, that a Store Manager uses their 'ParkingEye User Manual' right to cancel a PCN on the spot. ALL the stores can.

Rocky27 · 12 October 2018 at 8:16AM

Morning all,

A response from PE...

Dear Sir/Madam,

We have received correspondence in relation to the above referenced parking charge from a third party stating they were the driver of the vehicle. We are unable to respond to this correspondence as we are not in receipt of a full name/and or address details.

You have already been notified that under section 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking charge in full. As we do not know the driver's name or current postal address, if you were no the driver at the time, you should tell us the full name and current postal address of the driver.

You were also advised that if, after 29 days from the Date of Issue, the parking charge has not been paid in full and we do not know both the name and current address of the driver, we have the right to recover any unpaid part of the Parking Charge from you, the registered keeper.

In order for liability for this Parking Charge to be transferred, please can you supply the full name and address of the driver within the next 14 days. Please note that we are unable to deal with the appeal that has been submitted as we do not have the full name and address of the driver. Any further appeal would need to be submitted with the correct details in order to be dealt with.

Yours Faithfully
Parking Eye Team

...........

I obviously have no intention of disclosing the driver name and address, they haven't produced a POPLA reference as I asked in the appeal.

Is this now dead?!

Thanks again

nosferatu1001 · 12 October 2018 at 9:43AM

No of course it isnt dead
It makes no sense. IF you sent the draft as above, then it wasnt form someone claiming to be the *driver*, but someone claiming to be the *hirer / lessee* - so PE are just wrong

Howevr it means they havent rejected an appeal and will move to enforcement action
S you need to use the appeal@, comment on the leteter of X date, note their error, enclose a copy of the letter you sent identyfin the hirer / lessee, and require them to now either accept the appeal - because they know they cannot hold you liable - or reject it vexatiously, forcing you to go through POPLA where POPLA will order it to be cancelled.

Rocky27 · 12 October 2018 at 9:53AM

nosferatu1001 wrote: »

No of course it isnt dead
It makes no sense. IF you sent the draft as above, then it wasnt form someone claiming to be the *driver*, but someone claiming to be the *hirer / lessee* - so PE are just wrong

Howevr it means they havent rejected an appeal and will move to enforcement action
S you need to use the appeal@, comment on the leteter of X date, note their error, enclose a copy of the letter you sent identyfin the hirer / lessee, and require them to now either accept the appeal - because they know they cannot hold you liable - or reject it vexatiously, forcing you to go through POPLA where POPLA will order it to be cancelled.

Wishful thinking about the 'it is dead?' comment

Thank you

nosferatu1001 · 12 October 2018 at 10:31AM

Coul dyou, for clarity, copy in EXACTLY what you sent them?

Rocky27 · 12 October 2018 at 12:24PM

nosferatu1001 wrote: »

Coul dyou, for clarity, copy in EXACTLY what you sent them?

Interestingly I have just logged on to PE appeals section and the status is set to CANCELLED and outstanding balance £0.00

:question:

Rocky27 · 12 October 2018 at 12:46PM

...Also, after complaining to the owners of the site, they have just responded saying they will get the PCN cancelled.

Win!

ParkingEye - Lease Vehicle!

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