Thanks for the advice. POPLA appeal sent
With regard to the reply sent on 21/12/24 (see below) I have had no reply. In the interest of getting a cancellation notice from PE would you advise sending a Subject Access Request now?For the PCN from "parking event" on 21/10/24 I have as yet received no response to my appeal (sent on 12/10/24)
Here is my planned letter to PE (unsure where to send it though - can I upload to their website in the same way as I did the initial appeal?). Any advice on how I can best obtain a letter from PE confirming that they have cancelled the PCN (in order to claim the admin fee from the car hire company):
Dear Parking Eye
PCN number...xxxx
Date 21/10/24
Registration...xxxx
It has been 35 days since I submitted my appeal as hirer of the vehicle (submitted on 12/11/24) for the above PCN and I have had no response from you.
Section 8.4.1 of the single code of practice (SCoP) “requires the parking operator to respond to appeals within 28 days or, where a decision on the appeal is no concluded within 28 days, requires the operator to acknowledge the appeal and confirm the timeframe for concluding it, including the supply of additional information”. You have failed to do this, so please can you confirm to me as hirer of the vehicle that you cannot hold me liable and will not pursue me any further.
Yours sincerely
For the PCN from "parking event" on 21/10/24 I have as yet received no response to my appeal (sent on 12/10/24)
Here is my planned letter to PE (unsure where to send it though - can I upload to their website in the same way as I did the initial appeal?). Any advice on how I can best obtain a letter from PE confirming that they have cancelled the PCN (in order to claim the admin fee from the car hire company):
Dear Parking Eye
PCN number...xxxx
Date 21/10/24
Registration...xxxx
It has been 35 days since I submitted my appeal as hirer of the vehicle (submitted on 12/11/24) for the above PCN and I have had no response from you.
Section 8.4.1 of the single code of practice (SCoP) “requires the parking operator to respond to appeals within 28 days or, where a decision on the appeal is no concluded within 28 days, requires the operator to acknowledge the appeal and confirm the timeframe for concluding it, including the supply of additional information”. You have failed to do this, so please can you confirm to me as hirer of the vehicle that you cannot hold me liable and will not pursue me any further.
Yours sincerely
b) requires the parking operator to respond to appeals within 28 days or, where a decision on the appeal is not concluded within 28 days, requires the parking operator to acknowledge the appeal and confirm the timeframe for concluding it, including the supply of additional information;
Re: Parking Charge Notice [PCN Reference Number]
Dear Sir/Madam,
Thank you for your recent letter, in which you’ve kindly informed me that my appeal has been placed on hold for 28 days while you await information about the identity of the driver. Unfortunately, I must decline your request to do your job for you.
Allow me to remind you of a few key points:1. As the hirer of the vehicle, I am under no legal obligation to name the driver. You might wish to take a closer look at the Protection of Freedoms Act 2012 (PoFA) for clarification on this.
2. You have failed to meet the strict requirements of paragraph 14 of Schedule 4 of PoFA to hold me, as the hirer, liable. Specifically, your Notice to Hirer was not accompanied by copies of the necessary documents as mandated by PoFA paragraph 14(2)(a). I will leave it to you to do the necessary research in order to understand what those documents are.
Without full compliance, your attempt to transfer liability to me, the Hirer, is quite simply, unlawful. Given this, I strongly suggest that you either:1. Cancel this Parking Charge Notice immediately; or
2. Send me a POPLA code, where you can waste some of your huge profits by paying the fee for a POPLA assessor to confirm your failure to comply with PoFA and invalidate your PCN entirely.
I trust this clears up any confusion and that you will now stop wasting both your time and mine pursuing a PCN that has no lawful basis.
I look forward to your confirmation that the PCN has been cancelled or receiving the POPLA code, should you wish to throw good money after bad.
Yours faithfully,
[Your Name]
DWMB2 what makes you think the identity of the driver may have been revealed on one of the charges?You mentioned having communicated with the parking company via WhatsApp - I don't know the contents of those messages. As b789 says it's probably nothing to worry about, I was just covering all bases.
So, are those PCNs that you have shown us, addressed to the Hirer or are they simply copies of the NtKs issued to the Hire company?I had taken the statement "followed by 2 parking charge notices from Parking eye" to mean the notices had come directly from ParkingEye to the hirer, but this is an important clarification. OP, if the notices are addressed directly to you then you can crack on with the appeals suggested above. If not, tell us as the approach will be different.