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Parking Charge Notice - NEED ADVICE!!
Hello*
Mutiple PCN was sent to hirer of vehicle (LEX AUTOLEASE) for Contravention back in October 2019 at a Private Parking Land there are still further PCN's to come through. The PCN were paid for and invoice was sent to Driver's Company in which Company would automatically deduct discounted rate plus £20 admin fees ( So you can imagine how much it would come up to collectively).
PCN was generated due to 'OVERSTAYING TIME' - This is actually incorrect as the signage within the area states First 3 hours free parking. None of the signs states that The Free parking is not included in total parking stay. Also, Parking is paid for at the end with customer having to tell the machine how long you have stay ( Nowhere does it say, Free 3 hours is not included in total). Driver's viewpoint is that 8 hours total - 3 hours Free parking = Pay 5 Hours Not Pay 8 hours total.
A complaint via email has been made to Landowner regarding Misleading signage and PCN Payment but they seem disinterested in really helping to over turn the Paid and unpaid PCN, however the manager has said the matter will be decided by her manager.
Driver has contacted company who driver works for and Lease company and apparently the policy that was agreed between both Lease company & Driver Company is that any Charges both Parking and Penalty will automatically get paid and then an invoice will be sent out to Driver Company. This means that Driver cannot appeal cases especially because by the time driver receives notice from company this has taken driver over the 28 day limit.
Looking through some of the previous threads, Driver has taken some pointers contacted Lease Company to request a Permission which allows Driver to appeal & asked to NOT pay any future payments ( which they said they cant, however, they can included driver to email list so that when any further PCN's arrive, Driver will be made aware to quickly contact Lease Company to recall the funds). Driver has also sent an appeal to the existing PCN that are yet to be paid for by Lease without accepting liability but discussing the forfeit of appeal process and misleading signage from both SMART PARKING and Landowners. Driver has also mentioned in appeal Schedule 4 of POFA for not giving Driver right to appeal case and mentioned POPLA if case is not accepted. Lastly mentioning complaint made to Landowners and Local MP and how much distressed caused.
Please note that Driver did contact SMART Parking quite a few to confirm any additional PCN and one of the Advisory Team was very eager to take a name down which driver gave a false name being aware that if a name was attached to PCN, it may be used against driver. The only time Driver used real name was when completing appeal online with evidence of paid parking hours, advertising in area. To add to this, Imagery SMART PARKING has does not actual identify Driver
A Couple of Questions
1. Does Driver have right to appeal case even if Lease company and Driver company have a policy between them
2. What further grounds can Driver use if taken POPLA as Driver will have to wait up to 35 days to hear outcome
3. Can Driver take any steps between Company and Lease company as they have automatically accepted Liability for Driver which was wrong
4. Both Lease company and Driver have said that once appeal is overturned, refunds and cancellations will be processed accordingly
Hello*
Mutiple PCN was sent to hirer of vehicle (LEX AUTOLEASE) for Contravention back in October 2019 at a Private Parking Land there are still further PCN's to come through. The PCN were paid for and invoice was sent to Driver's Company in which Company would automatically deduct discounted rate plus £20 admin fees ( So you can imagine how much it would come up to collectively).
PCN was generated due to 'OVERSTAYING TIME' - This is actually incorrect as the signage within the area states First 3 hours free parking. None of the signs states that The Free parking is not included in total parking stay. Also, Parking is paid for at the end with customer having to tell the machine how long you have stay ( Nowhere does it say, Free 3 hours is not included in total). Driver's viewpoint is that 8 hours total - 3 hours Free parking = Pay 5 Hours Not Pay 8 hours total.
A complaint via email has been made to Landowner regarding Misleading signage and PCN Payment but they seem disinterested in really helping to over turn the Paid and unpaid PCN, however the manager has said the matter will be decided by her manager.
Driver has contacted company who driver works for and Lease company and apparently the policy that was agreed between both Lease company & Driver Company is that any Charges both Parking and Penalty will automatically get paid and then an invoice will be sent out to Driver Company. This means that Driver cannot appeal cases especially because by the time driver receives notice from company this has taken driver over the 28 day limit.
Looking through some of the previous threads, Driver has taken some pointers contacted Lease Company to request a Permission which allows Driver to appeal & asked to NOT pay any future payments ( which they said they cant, however, they can included driver to email list so that when any further PCN's arrive, Driver will be made aware to quickly contact Lease Company to recall the funds). Driver has also sent an appeal to the existing PCN that are yet to be paid for by Lease without accepting liability but discussing the forfeit of appeal process and misleading signage from both SMART PARKING and Landowners. Driver has also mentioned in appeal Schedule 4 of POFA for not giving Driver right to appeal case and mentioned POPLA if case is not accepted. Lastly mentioning complaint made to Landowners and Local MP and how much distressed caused.
Please note that Driver did contact SMART Parking quite a few to confirm any additional PCN and one of the Advisory Team was very eager to take a name down which driver gave a false name being aware that if a name was attached to PCN, it may be used against driver. The only time Driver used real name was when completing appeal online with evidence of paid parking hours, advertising in area. To add to this, Imagery SMART PARKING has does not actual identify Driver
A Couple of Questions
1. Does Driver have right to appeal case even if Lease company and Driver company have a policy between them
2. What further grounds can Driver use if taken POPLA as Driver will have to wait up to 35 days to hear outcome
3. Can Driver take any steps between Company and Lease company as they have automatically accepted Liability for Driver which was wrong
4. Both Lease company and Driver have said that once appeal is overturned, refunds and cancellations will be processed accordingly
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