BP stansted airport parking fine

[Guest]

Hi,

I recently filled up at BP before collecting someone from the airport. After fueling my car I parked outside the store to make a call before setting off. I did not see the signs as it was dark. Do I have anyway out of appealing this ?

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[Bradleyu1]

Heres the letter they sent my employer

[ostell]

So this is a company car that you are the keeper of? Simple yes or no. Don't want the driver identified.

With that letter were there also enclosures of copies of the rental agreement and the original NTK sent to the hire company?

I would also recommend editing the original post so that the identity of the driver cannot be inferred but as a guest you can't.* Can we find a friendly mod?

[ostell]

If the documents are missing then your employer, I assume a limited company, responds with


Sirs

Ref PCN xxxxx VRM yyyyyy

We am the hirer/keeper of the above vehicle and am in receipt of the PCN you issued. We have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to supply the additional documents mandated by section 14 (2) (a) of the Act. You cannot therefore transfer liability from the driver at the time to us, the hirer keeper..

As a body corporate we could not have been driving and as there is no legal requirement to identify the driver at the time we will not be doing so.

Any further communication with us on this matter, apart from confirmation of no further action and our details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc.



Persuade them to keep a copy for the next time it happens.

[Bradleyu1]

Thankyou for your responses,

I have only been sent the letter -*With that letter were there also enclosures of copies of the rental agreement and the original NTK sent to the hire company?

Can the appeal be made via the online process?

Can the appeal be made by any company representative?

What is the likelihood of the appeal being refused? What's the likelihood of winning via appeal or appeal or popla?

Can a mod edit the first post please?
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[ostell]

It is very possible that they will accept it.

you haven't answered the question about the additional docs, it's up to you to find out, we don't and can't know. You have to do some work for yourself.

Any company officer can appeal, how about whoever created the contract?

Keep a paper trail, first class with free certificate of posting from a post office


So it looks like you raised the question then didn't bother to look at the answers on the forum before sending PMs requesting off forum help

[Bradleyu1]

Hi Ostell,

My response may not have been clear, all I have received is the letter above. Do I need to ask the lease company if they received the original letter ?

Thankyou for your help,

And finally I must ask, I am shocked at your attitude, I'm simply asking for help as none of the stickys I could see matched our case..






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[ostell]

You are asking for help but failing to respond to questions asked to determine how to handle your case. The letter you displayed was no doubt addressed to your company. Was there any other paperwork with it, simple question, should be a simple answer. Why would the lease company have paperwork that is supposed to be with a letter that is not addressed to them? Find who in your company opened the letter and probably forwarded it to you. We can't tell you the answer, you have to do the work

My attitude is because you've sent 3 PMs now asking for help when you hadn't even bothered to read posts added to the thread attempting to help you. You are one of many that I am helping with here and other forums and you are taking more of my time than is reasonable.* You still haven't answered the questions in post #3!

[Bradleyu1]

Hi Ostell,

I am answering your questions, I think theres an issue with communication here, I'll attempt to be clearer please can you be more explicit.
I have answered the question in post #3, I said that all I had received was the letter, this means nothing else was included when my company received the letter in the post.
The letter was addressed to the company.


There is an online appeals process, you have said I should send a letter first class, should I not do the online process and just do the letter posted ?


I have read the responses and have answered, I sent you a pm asking if you could help by looking at this thread, my second pm was to apologise.


Please do not write with such attitude, we are all only human and the purpose of this forum is to help. I am also unfamiliar with my rights so your answers and questions are sometimes unclear.





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[ostell]

And still unanswered is "was there additional documentation". Yes or No, I can't answer for you. The company forwarded the letter to you. Did they receive that documentation and forget to forward it to you?

The presence or not of the documentation determines if the appeal makes the responder possibly look like a prat.

You can, of course, use the online appeal process but you must screenprint every page that you complete.

How much better to appeal on letter headed paper and documented proof of sending.

Appeal so that it arrives on day 19 after the date the letter was received so that they cannot reissue within the 21 day relevant period.

Better that the appeal comes from not you.

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[Bradleyu1]

I have already answered your question lots of times,*

I have answered the question in post #3 and post #9,

All we had received was the letter, this means nothing else was included when my company received the letter in the post.

As the letter was received on 31st Jan, If i send special delivery on 18th to arrive on the 19th - is this correct by what you say above?

As the appeal period lower fine rate is based on the lower £60 is it not risky waiting until day 19 or does this mean you are very confident it will be put aside.

[ostell]

You answered the enclosure question at last!

That's why the reduced rate is there, to persuade you to pay before it goes up. The intention is to not pay anything

Get an officer of the company to sign the letter, the driver was inferred in post #1

Send first class post and get free certificate of posting from a post office. Delivery assumed 2 working days later.


They will reject the appeal but the second appeal to POPLA should succeed.* Check POFA paragraph 14 to see what should be in that letter to hirer.

[Bradleyu1]

Thanks Ostell,

It sounds like im best waiting for 19 days as this pushes the whole thing outside Para 14 (assuming 2 for delivery).

I will get an officer of the company to write the letter you provided in post #4


My understanding of the legal part which we are using -

PARA 14 -

The conditions are that—

(a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph*13(2)*and the notice to keeper;

(b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed; and


As the above (a) hasnt been met, then followed by the appeal on day 19 clause (b) wont be met.*


Where in law does it state the limited company does not have to provide details of the driver? is this also in protection of freedoms act 2012 ? are you able to direct me to the correct para please?

Thankyou in advance for your quick replies and hopefully i understand this subject better now.

[ostell]

There is nothing in POFA that requires the keeper to disclose the identity of the driver. The parking company can only invite the keeper to provide the driver details, the keeper does not have to accept the invitation.

Perhaps you see why I was pushing you for the exact story of the additional docs.

If your company have several hire cars* then make sure they are familiar with POFA.*

The next problem may be the hire company will attempt to charge for handling this.* Look at the T & Cs to see if it mentions charging for handling fines and penalties.* This is neither of those, it is an invoice


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[Bradleyu1]

When I read the letter it says about behind the letter, after probing our admin team I have found this was on the rear of the letter. Does this make a difference?