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  • FIRST POST
    • Dominoes12
    • By Dominoes12 13th Jun 19, 4:17 PM
    • 7Posts
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    Dominoes12
    Leased car Scotland
    • #1
    • 13th Jun 19, 4:17 PM
    Leased car Scotland 13th Jun 19 at 4:17 PM
    Recently received parking charges for 2 different private parking companies.

    Read the NEWBIES FAQ and Iím still a bit confused what to do as itís leased but in Scotland..

    Help pls
Page 1
    • Redx
    • By Redx 13th Jun 19, 4:19 PM
    • 25,021 Posts
    • 31,957 Thanks
    Redx
    • #2
    • 13th Jun 19, 4:19 PM
    • #2
    • 13th Jun 19, 4:19 PM
    have the lease firm or firms named YOU as the lessee by giving the PPC your name and address ?

    do you have an NTH by post in your own name and address ?

    with copies of the hire docs as well ?
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Dominoes12
    • By Dominoes12 13th Jun 19, 4:24 PM
    • 7 Posts
    • 0 Thanks
    Dominoes12
    • #3
    • 13th Jun 19, 4:24 PM
    • #3
    • 13th Jun 19, 4:24 PM
    There has been a letter received for the named keeper of the vehicle for one of the charges as it was a registration scanning car park. Another was a penalty charge on the windscreen with the car details but nothing further
    • Redx
    • By Redx 13th Jun 19, 4:26 PM
    • 25,021 Posts
    • 31,957 Thanks
    Redx
    • #4
    • 13th Jun 19, 4:26 PM
    • #4
    • 13th Jun 19, 4:26 PM
    only answers part of my questions, thank you for not helping with inadequate information in your sparse reply

    I ask again

    have the lease firm or firms named YOU as the lessee by giving the PPC your name and address ?

    do you have an NTH by post in your own name and address ?

    with copies of the hire docs as well ?
    answer as

    PCN 1 - blah blah

    PCN 2 - blah blah
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Dominoes12
    • By Dominoes12 13th Jun 19, 4:27 PM
    • 7 Posts
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    Dominoes12
    • #5
    • 13th Jun 19, 4:27 PM
    • #5
    • 13th Jun 19, 4:27 PM
    I have no idea what these questions mean, can you dumb it down a bit as Iíve never had this issue before.
    • Redx
    • By Redx 13th Jun 19, 4:32 PM
    • 25,021 Posts
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    Redx
    • #6
    • 13th Jun 19, 4:32 PM
    • #6
    • 13th Jun 19, 4:32 PM
    charge 1 (pcn number 1)

    have the lease firm named YOU as the lessee/keeper by giving the PPC your name and address ?

    do you have an NTH (Notice To Hirer) issued by by post in your own name and address ? (because the lease firm named you as keeper of the vehicle and the PPC sent the NTH to you along with a copy of the lease/hire documents ?)

    so with copies of the hire docs as well ?

    what is the name of the PPC who issued it ?
    charge 2 (pcn number 2)

    have the lease firm or firms named YOU as the lessee by giving the PPC your name and address ?

    do you have an NTH (Notice To Hirer) issued by by post in your own name and address ? (because the lease firm named you as keeper of the vehicle)

    with copies of the hire docs as well ?

    or was this a windscreen ticket only and no postal notice arrived ?

    what is the name of the PPC who issued it ?

    are you sure it was a PENALTY notice ? if yes , was it for a train station or airport or port ? (or was it a parking charge notice ?)
    Last edited by Redx; 13-06-2019 at 4:34 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Dominoes12
    • By Dominoes12 13th Jun 19, 4:39 PM
    • 7 Posts
    • 0 Thanks
    Dominoes12
    • #7
    • 13th Jun 19, 4:39 PM
    • #7
    • 13th Jun 19, 4:39 PM
    PCN 1:
    No NTH or hire docs been received.
    Smart Parking

    PCN 2:
    No NTH or hire docs been received (ticket was only received today)
    RCP Parking Ltd
    It stated ‘penalty charge enclosed’ however this is a private car park. Not an airport, port or station car park.
    • Dominoes12
    • By Dominoes12 13th Jun 19, 4:42 PM
    • 7 Posts
    • 0 Thanks
    Dominoes12
    • #8
    • 13th Jun 19, 4:42 PM
    • #8
    • 13th Jun 19, 4:42 PM
    PCN 1 was addressed to the keeper of the vehicle but no further info if the leasing company has forwarded information on.
    • Redx
    • By Redx 13th Jun 19, 4:47 PM
    • 25,021 Posts
    • 31,957 Thanks
    Redx
    • #9
    • 13th Jun 19, 4:47 PM
    • #9
    • 13th Jun 19, 4:47 PM
    for PCN 1 the letter you received is the NTH (effectively an NTK) because you are the day to day keeper and so the NTK that came with your name and address on it is your NTH because you are the hirer as the lessee (its a leased vehicle so you are the lessee , read your lease contract)


    so yes you received an NTH in the post and no copy of the lease or hire docs , but as POFA does not apply in Scotland then this may be a moot point , meaning SMART could take a driver to your local court using the simple procedures method for Scotland , within 5 years , if they so wish


    2 schools of thought on this , either ignore for 5 years , or appeal with the blue text appeal as KEEPER (as LESSEE) , no naming the driver

    ---------------------------------


    with the second one , its a windscreen notice so the problem is what happens if RCP obtain the RK details from the DVLA and the LEASE co name you as lessee (same as the SMART one has already done)

    this would result in a pcn in the post , again as lessee , so effectively an NTH would arrive, possibly with no copy of the lease contract

    at this point it would then be similar to the SMART one

    I doubt that it was a penalty notice , despite what you said or they said, if it was on private land and NOT at a station , airport or port, where bylaws apply , this could be them misusing the word PENALTY

    so it all depends on what your contract says with the lease co because you dont want them paying these charges and charging you plus admin fees

    complicated innit ?
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Dominoes12
    • By Dominoes12 13th Jun 19, 4:51 PM
    • 7 Posts
    • 0 Thanks
    Dominoes12
    Do you find all appeals work due to no proof who was driving?
    • Redx
    • By Redx 13th Jun 19, 5:04 PM
    • 25,021 Posts
    • 31,957 Thanks
    Redx
    no , that is too simplistic for this topic , plus the court system and laws are different for Scotland, same as you have other differences like income tax etc (due to having your own government and systems in place)

    appeals tend to fail because their is no profit in acceptance , read what Pete Wishart said about these companies like SMART that infest Kinnoul St Perth when he talked about it in parliament and the recent new parking law was enacted to control these par@sites


    I would be checking what my lease contract says and ask myself what is the lease company going to do as RK and what does their lease contract say they will do, plus do they follow the BVRLA guidelines for these private parking charges


    plus there are big differences between parking charge notices (pcn1) and penalty charge notices (pcn2)
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 14th Jun 19, 12:26 AM
    • 76,555 Posts
    • 89,892 Thanks
    Coupon-mad
    Do you find all appeals work due to no proof who was driving?
    Originally posted by Dominoes12
    Yes, with Smart parking, even in Scotland. Not sure what RCP will make of it but you need to appeal as hirer/lessee and not tell them who was driving.

    Send this, with the right PPC name/PCN ref, course, and your name & address:

    https://forums.moneysavingexpert.com/showthread.php?p=75764833#post75764833

    You need to do that to firmly hook the PPCs in YOUR direction, away from the lease firm.

    In Scotland, POPLA is now offered as 2nd stage appeal, but DO NOT TRY IT:

    https://forums.moneysavingexpert.com/showthread.php?t=5996913

    HTH
    Last edited by Coupon-mad; 14-06-2019 at 12:29 AM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
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