Highview Parking PCN Help

[jellybeans]

I have received a PCN from Highview Parking, Watford Waterfields.
I have read previous posts and am hopeful that I might be successful in appealing this via Ostell’s template however I would appreciate a little additional guidance on a couple of factors in this case:

1. The car is leased therefore I am not the registered owner or keeper, solely the ‘hirer’. All comms that were allegedly sent went to the lease company. As hirer, I only received notification of the PCN (3rd reminder) on 1 February despite the breach supposedly taking place on 5 December. The lease company have ‘made representation to the parking operator advising that the vehicle is in my possession’ and the online portal now says that the PCN has been re-issued/liability transferred.
2. The images/alleged proof of overstaying. All of my own redactions to the paperwork have been in blue. Is is commonplace to include blacked out images such as these on the paperwork? I’m struggling to understand how this can be identifying.*

My main question is, to appeal this, should I continue with the failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 template or use a tailored version?
Additionally, do I need wait until the PCN is re-issued (presumably to me) before appealing? The paperwork states you have 28 days to appeal however I haven’t been made aware of the PCN until well past this deadline.
Very grateful for any assistance with this.
Thank you

*Link to PCN Image

[ostell]

In this situation you wait until you get a Notice to Hirer in your own name. I presume you have a copy of the original PCN forwarded from the lease company. Post up a redacted copy, leaving dates, so that it can be checked for POFA compliance. Quite normal to black out identifying details.

Post the image on a hosting site such as imgur and put the link on here.

[jellybeans]

Thanks - Link to PCN image

I don’t have any additional paperwork other than the image above. Should I be contacting the lease company to request the original PCN?

[ostell]

Highview should be sending you a notice to hirer. I presume this notice was forwarded to you from the lease company. It would seem that the lease company forgot to handle it correctly and got a couple of reminder notices.

The dates seem to suggest that the event was on 05/12, and the original PCN issued on 17/12, a Thursday. The problem for Highview is that the PCN is assumed delivered 2 working days later which takes it to Monday 21/12. Whoops, that's day 16 and outside the 14 day relevant period to hold the keeper liable.

If you have not received anything yet directly addressed to you then wait for the notice to hirer addressed to you. That NTH should be accompanied by a copy of the rental agreement and a copy of the original Notice to Keeper. Most parking companies forget this and it's an instant POFA fail

It might help to contact the lease company to see what they have done, and tell them that you believe that the PCN was not able to hold them liable.

[jellybeans]

Thanks very much.
The PCN has now come through - no accompanying documents just this letter alone.

https://imgur.com/gallery/6dRXFmE

[ostell]

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the hirer/keeper of the above vehicle and am in receipt of the PCN you issued. I 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 me, the hirer keeper..

There is no legal requirement to identify the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my 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.

Wait and send it so that is received on day 19 after issue and send by first class mail with free certificate of posting from a post office

Probably will be rejected but in your POPLA appeal also add in the POFA fails in their original NTK

[jellybeans]

Thank you for your help Ostell. This is what I’m going for. Is it worth asking them for a POPLA reference if they reject or will they give me one anyway?



Sirs

Ref PCN xxxxx VRM xxx

I am the hirer of the above vehicle and am in receipt of the PCN you issued. I 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 me, the hirer.

Additionally, you clearly failed to comply with the requirements of the Act insofar as legally establishing any hirer liability, this being because you did not deliver your original ‘parking charge notice to keeper’ within the 14 days after any alleged parking violation prescribed by The Protection of Freedoms Act 2012 section 9 (5). The original PCN was issued on 17/12/2020 and is deemed delivered two working days later on 21/02/2020 as per section 9 (6) of the Act. This is day 16 following the alleged contravention and outside of the 14 day relevant period to hold the keeper/hirer liable.

There is no legal requirement to identify the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my 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

[ostell]

Adding that extra in implies you have got a copy of the original NTK. Save it for POPLA. They are obliged to give you a POPLA code.

[jellybeans]

An update on this - received a response to my appeal.

Thank you so much!


—

Thank you for your correspondence relating to your Parking Charge.

Further to your representations, we have investigated your claims and can confirm that your Charge has subsequently been cancelled in full and no further action will be taken.

Please disregard any letters received that predate this email.

[ostell]

Good one.