Hello received today!
I think this is potentially due to overstaying limit of car parking and or driver not putting car reg into the machine, slightly unclear.
The driver has proof they shopped at Aldi but no receipt.
Car is leased via lease company hence delay in notification.
Googling the rules it looks like there is a 90 minute stay limit on this car parking.
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That notice is addressed to the lease company, so for now it is for them to deal with, not you. What they should do (and you should contact them to make sure they have done/do this), is nominate you as the hirer of the vehicle, at which point you should receive a notice in your own name.
Hello I received a direct notice as registered keeper today. Any advice please? I’m not entirely sure what the breach of terms is as the notice is quite vague? The driver did shop in Aldi on that day.
Link to letter PDF
Hello I received a direct notice as registered keeper today.
You're not the registered keeper, the lease company is.
The notice refers to a "statement of liability" and "a copy of your signed hire agreement" - did ParkingEye send you either of these with the notice?
The notice refers to a "statement of liability" and "a copy of your signed hire agreement" - did ParkingEye send you either of these with the notice?
No, these were the only two pages received
In which case, they have failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act to hold you liable as the hirer, despite what they claim on their notice. Here's an example of an appeal you can use as the hirer:
Dear Sirs,
I have received you Parking Charge Notice [(PCN number)] for Vehicle Registration Mark [VRM]. I am appealing as the vehicle's hirer. There is no obligation for me to name the driver at the time and I will not be doing so.
To hold me liable for the charge as the hirer of the vehicle, you must meet the conditions specified in Paragraph 14 of Schedule 4 of the Protection of Freedoms Act 2012 (“the Act”). I note from your correspondence that you have failed to meet these conditions. These failures include (but are not limited to) a failure to include the additional documents mentioned by 13(2) of the Act, as required by 14(2)(a).
As a result of this, you are unable to recover the specified charge from me, the hirer. As I do not have liability for this charge, I am unable to help you further with this matter. I therefore look forward to your confirmation that the Parking Charge Notice has been cancelled and that no further action will be taken against me. If you refuse to do this, you must supply me with a POPLA code.
Yours faithfully
If appealing online, be careful there are no drop down/tick boxes that cause you to identify who was driving, and keep a close eye on your spam folder for their response. If they do not respond within 28 days, chase them.
They’ve rejected my appeal but it feels like they’ve not acknowledged the reason for appeal… should I go back to them to clarify or go via POPLA?
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They always reject appeals, even when they’re valid, because they know that a percentage of recipients give up and pay up.
They deliberately ignored your reasons for appealing.
They also deliberately do not comply with PoFA for hire cars because enough people pay up anyway, and it costs them “too much money” to comply by including the required documentation.
You need to get POPLA to cancel this.
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