PCN Eternity Fire and Security LTD Parking without clearly displaying a valid ticket. Mumbles Pier

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Good Morning,
   Can anyone offer advice on the attached PCN which has been received after the original request was sent to the lease company.  Would appreciate any thoughts!

Did you receive any other documents with the Notice to Hirer?

I cannot get the images to load - website times out.

Thanks so much

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I have tried another site. 

Thanks, but the important question above is

Did you receive any other documents with the Notice to Hirer?

Such as

(a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

(b)a copy of the hire agreement; and

(c)a copy of a statement of liability signed by the hirer under that hire agreement.

If not, and I bet you didn’t, there’s an appeal as long as the driver is not identified that the hirer can not be liable because the PCN does not comply with the requirement of the Protection of Freedoms Act 2012 (https://www.legislation.gov.uk/ukpga/2012/9/schedule/4 ) to transfer liability.

You will find a suitable appeal if you search the forum, by all means post it here before submitting for confirmation.

Just as a matter of interest not withstanding the question of hirers paperwork was a ticket purchased as it appears that there is something displayed on the windscreen.This company has a large number of car parks in the Swansea area. I have yet to receive any information of how litigious they are at present.

Thank you for these.   

I did not receive anything else apart from the PCN!   I think it is likely that a ticket was purchased but there is no way of proving it unfortunatly as the car has been cleaned!

Then you go for the hire and lack of documentation if that is the case. The machine there does take both cash and card so if the parking was paid for by card then this may assist as the sign does not mention that a pay and display ticket must be displayed.

Does this make a difference if the car is privately owned lease?

What do you mean by a "privately owned lease"?

Sorry.  The car is a lease car on finance from a company for 3 years.  Instead of it being hired like as a holiday hire car. Sorry if that comes across stupid but dont know how else to explain it!

That makes little difference in this case. The registered keeper of the car is still the finance company (or some other intermediary), who are hiring the car to you on condition of you making lease payments.

How does this look?

I am appealing Parking Charge Notice PCN170390 as the hirer and long‑term lessee of vehicle BT24EAM.

Under Schedule 4 of the Protection of Freedoms Act 2012 (POFA), liability can only be transferred to a vehicle hirer if the operator provides all documents required by paragraphs 13 and 14. These include a copy of the hire or lease agreement, a copy of the statement of liability signed by the hirer, a copy of the original Notice to Keeper, and a fully POFA‑compliant Notice to Hirer. None of these documents have been provided. Because these statutory requirements have not been met, liability cannot be transferred to me as the hirer and I am not liable for this charge.

POFA does not impose any obligation on a hirer or keeper to identify the driver, and I am not confirming who was driving at the time. The dashboard image appears to show a pay‑and‑display ticket, but I cannot confirm this with certainty. In any event, POFA non‑compliance alone prevents keeper or hirer liability.

As you have not met the statutory conditions required to pursue the hirer, this Parking Charge Notice must be cancelled. If you disagree, please provide copies of all documents required under POFA Schedule 4, evidence of full POFA compliance, and a POPLA code so the matter can be escalated.

Yours faithfully,

I wouldn’t ask for

copies of all documents required under POFA Schedule 4

but otherwise looks fine to me. Why would you want these documents? In some perverted way they will possibly say that they have satisfied the requirements of PoFA by doing so, even though that’s not true, and it’s just a reason another incompetent POPLA assessor might side with them.

Sorry it was AI generated as i couldnt find the template so just wanted to check!

Good Morning!

Just had a reply

Thank you for your appeal against the above Parking Charge Notice (PCN). We have carefully considered your appeal, however, on this occasion the appeal has been rejected for the following reason(s): Payment was not made permitting the vehicle to be present in the car park.

Payment is required to park in the car park either through the pay and display terminal or through the Justpark app. The grace period has been taken into consideration. We received a transfer of liability from MITSUBISHI HC CAPITAL UK PLC on the 24th of July, stating that you were the hirer of the vehicle at the time of the contravention.

 The outstanding balance of your PCN is : £60 Please note that if payment is not received within 14 days the outstanding balance of your PCN will increase to £100. You have now reached the end of our internal appeals procedure and therefore you now have two options; you can either pay or appeal to POPLA - you cannot do both. You can pay the total amount via the following payment options:

What should i do next?