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  • FIRST POST
    • asdafiko
    • By asdafiko 9th Nov 18, 10:55 AM
    • 9Posts
    • 1Thanks
    asdafiko
    Car through Salary Sacrifice
    • #1
    • 9th Nov 18, 10:55 AM
    Car through Salary Sacrifice 9th Nov 18 at 10:55 AM
    Hello all,

    I have read the newbie guide and I am ever so confused. I drive a lease car through a company scheme and got a "PARKING CHARGE AMOUNT DUE: 100" from MET Parking Services. The juicy part of the letter is as follows:

    "This charge relates to the period of parking immediately prior to xx:xx on 01st September 2018... some waffle... The contravention occurred at (346) Southgate Park, Stanstead, CM24 1PY.

    Payment is now required... some waffle...

    A notice to keeper has previously been served on the registered keeper of the vehicle containing full details of the charge, photographic evidence of the contravention may be seen on web address"

    So the offence took place on the 1st of September, parking notice issued 15th of October and date of the letter that was posted out was 29th of October. The images online simply show a female driving a car.

    The question I have is do I use the standard template in the noob guide or one of the three templates that relate to a company vehicle. I have been advised to use the Edna Basher template but that seems to be more about if I was the owner of the lease company. But they have sent the letter to me so I do not understand how the Edna template suits my needs.

    Apologies if this seems like a simple question but I only have a few days to get my appeal in and I have spent the last few days trying to work out what I should do for the best. Any help would be appreciated.

    Many thanks, Asdafiko.
Page 1
    • nosferatu1001
    • By nosferatu1001 9th Nov 18, 11:02 AM
    • 3,944 Posts
    • 4,749 Thanks
    nosferatu1001
    • #2
    • 9th Nov 18, 11:02 AM
    • #2
    • 9th Nov 18, 11:02 AM
    You use the one relating to hire / lease cars, as presumably you have not been given the mandatory enclosures under POFA schedule 4 para 13 and 14? Simple yes or no needed.
    • asdafiko
    • By asdafiko 9th Nov 18, 11:06 AM
    • 9 Posts
    • 1 Thanks
    asdafiko
    • #3
    • 9th Nov 18, 11:06 AM
    • #3
    • 9th Nov 18, 11:06 AM
    I presume I have not as I don't even understand the question

    I saw four options on the lease section. I am thinking of using the following template (amending accordingly):

    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
    • Loadsofchildren123
    • By Loadsofchildren123 9th Nov 18, 11:32 AM
    • 2,427 Posts
    • 4,042 Thanks
    Loadsofchildren123
    • #4
    • 9th Nov 18, 11:32 AM
    • #4
    • 9th Nov 18, 11:32 AM
    Regarding your thread title, is the salary sacrifice relevant (eg were you parked in an employee car park for which you pay via salary sacrifice)?
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • asdafiko
    • By asdafiko 9th Nov 18, 11:38 AM
    • 9 Posts
    • 1 Thanks
    asdafiko
    • #5
    • 9th Nov 18, 11:38 AM
    • #5
    • 9th Nov 18, 11:38 AM
    I was parked in a "coffee chain" car park when I thought I was parked in a mcdonalds. Absolute genuine error. Perhaps best to ignore the salary sacrifice part. Just referring to it being a lease car.
    • Loadsofchildren123
    • By Loadsofchildren123 9th Nov 18, 11:39 AM
    • 2,427 Posts
    • 4,042 Thanks
    Loadsofchildren123
    • #6
    • 9th Nov 18, 11:39 AM
    • #6
    • 9th Nov 18, 11:39 AM
    There's another thread about this in the last few days - think it was Starbucks and MacD, not sure if the same site as yours. See if you can find it with an advanced search.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • asdafiko
    • By asdafiko 9th Nov 18, 11:40 AM
    • 9 Posts
    • 1 Thanks
    asdafiko
    • #7
    • 9th Nov 18, 11:40 AM
    • #7
    • 9th Nov 18, 11:40 AM
    Many thanks, I will have a quick look but the more I read it seems the less I understand and causing more confusion. I think I will just have to tale my chances and use the template above.
    • nosferatu1001
    • By nosferatu1001 9th Nov 18, 11:56 AM
    • 3,944 Posts
    • 4,749 Thanks
    nosferatu1001
    • #8
    • 9th Nov 18, 11:56 AM
    • #8
    • 9th Nov 18, 11:56 AM
    STOP telling the entire world, including the PPCs, who drove the car

    You must refefr to them as "the driver" ie "the driver parked at a coffee chain..."

    YOU are the HIRER or LESSEE of the vehicle

    If you havent understood it means you havent read the nebies thread, as it covers hire / lease cars. Essentially, in order to make YOU liable, instead of the driver who they dont know and you ownt tell them(!), they MUST include a copy of the hire or lease documents. This is an absolute. So, have they done so? Yes or No?
    • Redx
    • By Redx 9th Nov 18, 12:33 PM
    • 19,944 Posts
    • 25,254 Thanks
    Redx
    • #9
    • 9th Nov 18, 12:33 PM
    • #9
    • 9th Nov 18, 12:33 PM
    you already posted about this a few days ago


    https://forums.moneysavingexpert.com/showthread.php?t=5920509


    no need for another thread, ie:- one topic , one thread only


    pm soolin or crabman and ask them to merge the 2 threads into one and dont open any more new threads about the same topic


    thank you
    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
    • asdafiko
    • By asdafiko 9th Nov 18, 1:00 PM
    • 9 Posts
    • 1 Thanks
    asdafiko
    many apologies for the second thread. I was asking assistance to my first thread as I was still at a loss.

    I promise you I have read all the newbie guides and more than once. I have not refferred to me being the drive in my appeal and nor have I mentioned my actual name or pcn number on here.

    No hire or lease documents were supplied. I have put an appeal in as mentioned above from that template as I found it difficult to understand what people were trying to say and just seemed to be annoying people when that was not my aim.

    I appreciate all the help in the forums but I feel the level of basic knowledge people expect people to have is rather high.

    Many thanks.
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