Author Topic: Parking notice while charging - wrong time period and conflicting durations signs  (Read 2237 times)

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Fair enough - the downside of not having photos of the signage means we're not able to take a proper look at them and see what they do or do not offer. If the signage by the charging stations offers you a contract which, as well as providing charge, implicitly gives you permission to park next to the charger, then you could seek to argue that any contract is with the charging company, not the parking company. I realise the charging company have declined to intervene in regards to the parking charge, but perhaps see if they can send you a copy of the content of the signage, as it's obviously much harder to make arguments about its contents without seeing it.

- On the second, I left the (pre-populated) fields as they were, with LEX's name but I did enter my email so that the reply came to me. Therefore the second reply was addressed to LEX but emailed to me.
Have LEX given you permission to submit an appeal in their name on their behalf? And what did you put in this appeal?

Am I right in thinking right now that CE has not actually sent me anything, so I could safely sit on my hands?
Unless you decide to pay, there are risks inherent in every option, so there's no "safe" option as such. And figuring out what will happen next is rather difficult given that the parking company have somehow allowed two appeals to be submitted, and have responded to both.

They may continue to pursue LEX, or, they may decide that the evidence they have shows that you are the driver, and pursue you in that capacity. If they go after LEX, LEX may choose to pay it and try to recover the money from you - this doesn't mean you would owe them the money, that would depend on the terms of your lease agreement. If that happened and you didn't want to pay LEX, Civil Enforcement would no longer be part of the equation, it would be a dispute solely between you and LEX.

The issue is that they will continue to post to Lex who may just pay it and then ask you for the money, whether you owe that then to Lex will depend on the terms of your lease but either way it gets messy.

If Lex were failing to act like a grown up (reading the notice and then naming you as leaser), ideally you would have just done that yourself on Lex's behalf (and still can do) and then dealt with the matter as 'hirer' once you got your Notice to Hirer addressed to you.
There are motorists who have been scammed and those who are yet to be scammed!

Thanks.

I have decided to appeal to POPLA - partly because I think the sign is very poorly worded and partly to buy some time.

So let's see what comes of that.

Do 'you' have the POPLA code, or is it to 'Lex'?
There are motorists who have been scammed and those who are yet to be scammed!

Do 'you' have the POPLA code, or is it to 'Lex'?
He potentially has 2 POPLA codes, one for LEX and one for himself.

Reply #12 has two rejections attached, both with a redacted POPLA Code field - are they the same code or 2 different ones?

Different codes! I used the one addressed to myself. With hindsight I should have stirred the mud and used the other one...

For further amusement, I have now received in the post an actual PCN addressed to me. So I have two rejected appeals, an appeal to POPLA and now another PCN.

Chaos reigns.

I'm tempted to appeal this one as well...


Providing it applies to the same incident, by all means raise it as a further example of their attempts to triple recover(although acknowledge that your appeal cannot encompass this PCN because you have not engaged with the creditor's internal procedures).

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With hindsight I should have stirred the mud and used the other one...
I'm not sure I'd want to draw too much attention to the fact that you have submitted an appeal in LEX's name without their permission.

This is an entirely bizarre situation, so I'm not entirely sure what course of action would yield the best chance of success.

To clarify, here's what should have happened, if everyone followed the 'procedure':
  • LEX receive a notice from Civil Enforcement Limited
  • They nominate you as the hirer, and give you a copy of the notice
  • You then receive a notice in your own name, as the hirer, and either appeal or pay
What actually seems to have happened is (not necessarily in chronological order):
  • LEX received the notice from CEL
  • They sent you a copy of the notice, it is unclear if they have named you as the hirer (but the fact you've now received a notice in your name suggests they may have done?)
  • You appealed LEX's notice in your name, likely revealing yourself as the driver
  • You appealed LEX's notice a second time, this time pretending to be LEX, using their details, but your own email address - we haven't seen the contents of this appeal. Can you show us?
  • They rejected your appeal, issuing a POPLA code
  • They rejected the appeal in LEX's name, issuing a 2nd POPLA code
  • You have now received a notice in your name
So, you have 2 POPLA codes, one issued to you, and one issued to LEX, and 1 parking charge in your name, not currently appealed, all for the same incident. In respect of the notice addressed to you, I would generally advise an appeal around there being no hirer liability due to their failure to comply with the requirements of PoFA (assuming they haven't sent the required documents, such as a copy of your lease agreement), but given they have correspondence from you that probably names you as the driver, this may not work. I suppose it may depend how closely anyone at CEL looks at the matter.