Fighting a PCN when a lease company is the registered keeper

A question about : Fighting a PCN when a lease company is the registered keeper

Hi,

I've read the newbie's posting and looked at the flowchart regarding fighting a PCN and the term registered keeper is used, particularly regarding the appeals template. The car that is involved is a company car and therefore the registered keeper is the lease company.

Does the appeal have to come from the registered keeper (Leaseplan in the case) or can it come from the main driver?

Thanks
Paul

Best answers:

• You appeal as normal, but your POPLA case cant include the part about no keeper liability, POFA......
  Do you have a windscreen ticket or has your lease company or company received the notice to keeper?
• Hi,
  The parking company is Highview Parking and it was a car park in Bromley (it was the wife and I wasn't there so please don't ask which car park).
  I've received notice via a PDF document from the lease company.
  I'm at the start of the process as I received the document this morning.
  On a second reading of the letter from the lease company it appears they have a procedure if a driver wants to appeal a PCN - they even have an email address for appeals to be conducted through.
  I suppose my next question is do I send the appeal directly to the parking company or the lease company and they pass it on?
  Thanks
  Paul
• All of this ^^^^^
• Re the lease company, it does look like my company uses a good one w.r.t. not simply paying the PCN and then claiming back from the driver.
  So from the post it appears the best word to use in the appeal letter is simply "keeper".
• Before I submit the appeal to the PCN the part I'm not sure on is
  d). Your 'Notice' fails to comply with the POFA 2012 and breaches various consumer contract/unfair terms Regulations.
  what does this mean, and should I leave it in the appeal document or not? In the thread Mike172 indicates that the POFA part can't be included in the POPLA appeal, is this also true for the first stage of the process?
  Thanks
  Paul
• If you're unsure then simply delete it. But it really doesn't matter for the first appeal to the PPC - they probably won't read it anyway.
• Appeal submitted to the PCN via email, no just have to wait and see I guess.
• I've just got the following back from the PCN;
  " We are only able to correspond with the registered keeper or the driver, and you are not the registered keeper. If you were the driver, please clarify, so we may reissue the charge in your name and respond to your appeal. If you were not the driver, we will be unable to discuss this case with you further.
  "
  What next? Is it OK to tell them who the driver was (my wife) or will that cause a problem further down the line.
  Thanks
  Paul
• Have the lease company named you as the keeper?
  Highveiw are just plain wrong, complain.
• complain to the BPA that you have been refused an appeal as keeper , email aos or email s clark , attach copies of the paperwork
  here are the words from the latest BPA CoP on their website
  Quote:
• "so Highview are being deliberately obstructive"
  Yep that's the first thing I thought.
  "email aos or email s clark" - who or what are aos and s clark ?
• "(post #1 says you have read it , clearly you havent)" - I think it's fairer to say that I haven't read it in enough detail.
  Complaint email has now been sent to Mr Clark at BPA
• correct, glad you have done so now, the more research you do the easier it is to help you because we wont have to go over ground already covered
  like this person gmad did https://forums.moneysavingexpert.com/....php?t=5111049
  bear in mind you are theoretically saving yourself Ј100 net and that equates to approximately 20 hours net wages at the NMW (National Minimum Wage) , whereas we receive nothing at all by helping yourself and many others so its our time that is limited
  hopefully steve will light a fire under their backside and explain the BPA CoP to them , where keepers and hirers as well as drivers are clearly mentioned
• Morning all,
  Got a really quick response from Steve Clark on Friday evening (which I must admit surprised me, wasn't expecting anything until today) and he's passed me down to one of his employees, Gemma Ridgewell, who will deal with the case.
  Thanks
  Paul