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#Post#: 16518--------------------------------------------------
Single yellow line PCN to my lease car -Advice needed!!
DIR By: RW468
Date: February 29, 2024, 8:44 am
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i received a PCN on my lease car which was parked on a single
yellow line while I picked up my young daughter from school (-
of which there is no on site parking and there were no available
spaces on the road bays). The PCN states it was observed from
17.23 - 17.25. The photos taken show me at the car with my child
and with the doors open and the report by the officer says he
witnessed the car for "more than 5 minutes'. At the time I said
to him "I was 3 minutes", and he said "you were FOUR". Either
way the photos are of me at the car and the PCN details only 2
minutes. I appealed and it was rejected on this first round of
appeal
1) Am i correct that i am entitled a short period of time to
load? there a no 'no loading signs or marks on the pavement to
indicate i can't load' The county council notice that arrived
in response to my appeal said loading must not be for longer
than 3 minutes. Well, only 2 mins were listed on my PCN, but the
statement from the officer says 5. I thought I was entitled to a
reasonable amount of time.
2) I have been told that if I wish to continue to appeal further
I have to wait for a Notice to Owner. This is a lease car. I'm
worried they will pay the fine and charge me the fine and an
admin fee. However I am told that only after receiving a Notice
to owner can I "make representations challenging it" (i'm not
sure what that even means!?). My concern is I will not get this
notice posted to me and as such won't be able to appeal
Thanks in advance for any thoughts. i did read all the FAQs -
i'm so sorry if i've missed a thread on this!!
#Post#: 16520--------------------------------------------------
Re: Single yellow line PCN to my lease car -Advice needed!!
DIR By: taffer87
Date: February 29, 2024, 8:59 am
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please upload all docs as per this
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
#Post#: 16535--------------------------------------------------
Re: Single yellow line PCN to my lease car -Advice needed!!
DIR By: H C Andersen
Date: February 29, 2024, 10:28 am
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Your contract(nothing to do with parking) will not allow you to
require your lease company to take specific action such as to
transfer liability to you as the hirer. But you may ask them to
do so.
But let's see the PCN, your reps and their reply first pl.
#Post#: 16552--------------------------------------------------
Re: Single yellow line PCN to my lease car -Advice needed!!
DIR By: fraser.mitchell
Date: February 29, 2024, 1:13 pm
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This is nothing to do with loading.
You were engaged in assisted boarding. Boarding/alighting are
exemptions to yellow lines, and it is a well-established
principle that board/alight is more than just letting a person
board or alight at the roadside, it include fetching vulnerable
persons from a safe place and accompanying them to the car, or
the opposite; taking a person from the car to a safe place. Of
course the law says the activity may take as long as is
necessary. So no side activities lie having tea waiting for a
person te get ready to go out, for instance.
#Post#: 17505--------------------------------------------------
Re: Single yellow line PCN to my lease car -Advice needed!!
DIR By: ivanleo
Date: March 17, 2024, 6:03 pm
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[member=1302]RW468[/member] it's nothing to do with 2 or 3 or 4
or 5 minutes, you're entitled to take as long as is necessary
but not a second more.
For us to give proper advice, please post up the PCN in full as
explained here
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/.
#Post#: 17526--------------------------------------------------
Re: Single yellow line PCN to my lease car -Advice needed!!
DIR By: slapdash
Date: March 18, 2024, 12:28 am
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Your lease should have a section as to what they will do and
charges involved.
Typically they will charge an admin fee of around £25 to
transfer liability. The highest I have seen was a staggering
£63.
Quite often, but by no means always, they will undertake to
refund if rhe ticket is eventually overturned.
They may fail to transfer properly which can be an appeal ground
in its own right.
Many, if they receive a second notice, will simply pay it and
charge you for the privilege.
It may be sensible to contact them to find their policy.
Sometimes where the lease car is provided by an employer, and
that employer is noted as the hirer the employer will simply pay
it and deduct from salary dependant upon their own internal
conditions.
#Post#: 17527--------------------------------------------------
Re: Single yellow line PCN to my lease car -Advice needed!!
DIR By: NightSoul
Date: March 18, 2024, 12:49 am
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Numerous leasing entities commonly register the lessee's name on
the V5 document, thereby ensuring the receipt of correspondence.
Given your possession of the PCN, you are empowered to
articulate your perspective through representations to the
authority.
Your representation ought to articulate that you received a
Penalty Charge Notice (PCN) while picking up your daughter from
a school with no parking. The PCN states a two-minute
observation window, though photos show you loading your child
with the doors open, and the officer's report mentions over five
minutes. You believe you're entitled to a reasonable loading
period, especially as there are no restrictions signposted. The
council suggests a three-minute loading limit, which conflicts
with the PCN's details.
#Post#: 17544--------------------------------------------------
Re: Single yellow line PCN to my lease car -Advice needed!!
DIR By: ivanleo
Date: March 18, 2024, 5:09 am
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--- Quote from: NightSoul link ---
>
> Numerous leasing entities commonly register the lessee's name
on the V5 document, thereby ensuring the receipt of
correspondence. Given your possession of the PCN, you are
empowered to articulate your perspective through representations
to the authority.
>
--- End Quote ---
Apart from Motability I'm not aware of any leasing companies
putting the lessee's name on the V5C?
However as this appears to be a roadside PCN, anyone can
challenge it.
#Post#: 17546--------------------------------------------------
Re: Single yellow line PCN to my lease car -Advice needed!!
DIR By: H C Andersen
Date: March 18, 2024, 5:36 am
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That ship has sailed: I appealed and it was rejected on this
first round of appeal
OP, it is frustrating when OPs start a thread, in this case on
29 Feb, 3 weeks ago, and are then asked to post the regular
notices and docs following which we get radio silence despite
you asking for 'Advice please!'
If you made unsuccessful reps against the PCN and were able to
post on 29 Feb. then, even without seeing their rejection, it's
possible to deduce that any re-offered discount has lapsed and
that at any time the authority will issue a NTO to the lease
company - it can't be Motobility because you would hold and
would have told us that you hold a BB. So, your lease company
gets the NTO and unless you've taken pre-emptive action with
them you could find yourself faced with a contract charge equal
to the full penalty plus any admin. fee.
#Post#: 17552--------------------------------------------------
Re: Single yellow line PCN to my lease car -Advice needed!!
DIR By: slapdash
Date: March 18, 2024, 6:48 am
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--- Quote from: cp8759 link ---
>
> Apart from Motability I'm not aware of any leasing companies
putting the lessee's name on the V5C?
>
--- End Quote ---
If you mean leasing in terms of a real operational lease as per
PCH/BCH then I agree entirely.
If you mean leasing in terms of the description of PCP as a form
of HP then not so much (It is commonly described as a lease in
advertising and on the sales floor).... My daughters V5c with a
BMW via their internal finco was in her name as was a merc via
their internal finance.
When I acquired a BMW on finance for an inducement pre
settlement it was in Alphabet's name though I signed with BMWFS.
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