Parking charge help

mreader1 · 17 October 2019 at 11:05AM

Good morning- I've received a parking notice from an operator for my car being parked at a station car park.

Normally payment for the car is automatically done through an app which automatically pays the car park amount each time the driver parks there. However, for some reason the app stopped automatic payments from (without notifying the driver) and the driver didn't notice before receiving the parking notice (had no reason to check, the driver has been using it for ages without issue). I've just received the first parking notice and am expecting to receive more for the intervening period (the driver has now corrected the app but has used the car park since).

There's nothing obviously wrong with the parking notice (i.e. issued on time), is there any use appealing this notice? Payment of the first one seems reasonable (as it was a mistake on the part of the driver) but it seems a bit unfair to have to pay charges for the period when the driver wasn't aware the app had stopped payments.

Can anyone offer any advice? I have been through the Newbie section but I couldn't see anything that was directly related to this scenario. Other points:

- Car is leased so notice has been sent to registered keeper (and then on to me).
- They don't have my address/ details yet
- Notice was issued within the time required

Any help would be greatly appreciated!

Redx · 17 October 2019 at 11:23AM

Appeal as hirer (Keeper)

No blabbing about who was driving

Dash is a third party app , so your contract with dash etc caused the non payment , so don't blame NCP , if they had no payment then they issued correctly , your contract with dash is not their problem , blame the electronic ticketing fiascos that plague us for this

Read the bottom of post #1 of the newbies faq sticky thread near the top of the forum

Read the advice by Edna basher for hirers , where POFA has different requirements , hence why the keeper appeals using the hire template that suits

Edit your post above !!! to who did what , no me , myself or I

The driver caused the problems , plus the app

The keeper is appealing using POFA protection , see the Edna basher advice for reasons why

Castle · 17 October 2019 at 12:27PM

mreader1 wrote: »

- Notice is from NCP for a TFL car park
- Car is leased so notice has been sent to registered keeper (and then on to me).
- They don't have my address/ details yet and I haven't said who was driving
- Notice was issued within the time required (given on 11 October per the notice).

Any help would be greatly appreciated!

TFL car parks should be subject to byelaws.

The_Deep · 17 October 2019 at 12:29PM

[FONT=Times New Roman, serif]Nine times out of ten of these tickets are scams so consider complaining to your MP, it can cause the scammer extra work.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies[/FONT]

mreader1 · 17 October 2019 at 2:57PM

Great thanks all for your swift replies. I will appeal along the lines of the following link:

"forums.moneysavingexpert.com/showthread.php?t=5518913" (can't post a hyperlink as a new user) as this appears to be a fairly similar situation to my current one. Will keep you updated with any questions,

Thanks for your help!

Coupon-mad · 17 October 2019 at 3:00PM

https://forums.moneysavingexpert.com/showthread.php?t=5518913

That's three years old. Surely we have a more recent hirer first appeal written by Edna Basher, linked in the NEWBIES thread under the hire/company cars section?

mreader1 · 18 October 2019 at 12:13PM

I've requested that the lease company get the operator to send me the PCN as hirer of the vehicle (explicitly the hirer rather than driver); some of the template letters on the Newbie thread make more sense now (reading through yesterday I found some of the terminology a little confusing but I think the process is making more sense now, keeper v hirer etc.). I think the next step is to see whether the information comes through in the required time limits and go from there.

MistyZ · 18 October 2019 at 3:01PM

mreader1 wrote: »

I've requested that the lease company get the operator to send me the PCN as hirer of the vehicle (explicitly the hirer rather than driver); some of the template letters on the Newbie thread make more sense now (reading through yesterday I found some of the terminology a little confusing but I think the process is making more sense now, keeper v hirer etc.).

The PCN the hirer receives once the lease company has passed their details to the parking company is usually headed 'Notice to Keeper' I think ... not 'Notice to Hirer'. But it is effectively a NTH as the Hirer is the day to day keeper of the vehicle.

Just wondering if this is what has caused any confusion ... if not, don't let me confuse you!

mreader1 · 9 November 2019 at 5:31PM

I've now received the first of the PCNs addressed to myself as hirer, and propose to appeal using the below. Any comments or recommendations would be greatly received as I intend on using the same text for appeals on all of the PCNs received.

[Deleted]

KeithP · 9 November 2019 at 6:36PM

Re-read what Redx wrote a few weeks ago:

Read the bottom of post #1 of the newbies faq sticky thread near the top of the forum

Read the advice by Edna basher for hirers , where POFA has different requirements , hence why the keeper appeals using the hire template that suits

In particular, read this post linked from there:
forums.moneysavingexpert.com/showthread.php?p=69859059#post69859059

Fruitcake · 9 November 2019 at 8:50PM

That is nothing like the edna basher appeal for a hirer/lessee, and it contains a lot of irrelevant information.

It is very, very rare for a PPC to get the requirements of the PoFA correct where a hire/lease car is concerned, yet you haven't mentioned this at all.

In addition, it is possible that the PPC can identify the driver from that post. I suggest you delete the parts where this could have happened. If you can't work it out then I suggest you delete the whole post and start again.

Parking charge help

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