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#Post#: 66754--------------------------------------------------
UKPS PCN for leased car at Wing Yip Cricklewood London
DIR By: dfwtolhr
Date: April 12, 2025, 9:06 am
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Hi all - received a PCN from UKPS for parking in an area that is
for commercial vehicles only. I did this in haste as all the
normal customer spots were occupied and I was only there for
literally 2 minutes. Wing Yip are not interested in cancelling
the ticket. If I ignore is it likely SEAT financial services -
who my car is leased from, will come after me? The car is due to
go back in a month. Any help or advice appreciated. Have
attached the relevant paperwork
#Post#: 66755--------------------------------------------------
Re: UKPS PCN for leased car at Wing Yip Cricklewood London
DIR By: dfwtolhr
Date: April 12, 2025, 9:07 am
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attachments
[attachment deleted by admin]
#Post#: 66756--------------------------------------------------
Re: UKPS PCN for leased car at Wing Yip Cricklewood London
DIR By: dfwtolhr
Date: April 12, 2025, 9:08 am
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attachments
[attachment deleted by admin]
#Post#: 66757--------------------------------------------------
Re: UKPS PCN for leased car at Wing Yip Cricklewood London
DIR By: dfwtolhr
Date: April 12, 2025, 9:09 am
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attachments
[attachment deleted by admin]
#Post#: 66759--------------------------------------------------
Re: UKPS PCN for leased car at Wing Yip Cricklewood London
DIR By: jfollows
Date: April 12, 2025, 9:12 am
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Wait for the Notice to Hirer from UKPS addressed to you
directly.
Come back here and tell us what other documents accompany it.
It will probably fail the requirements of PoFA 2012 to hold you
as hirer liable.
If so, we can advise on what to say in response.
They will probably reject your appeal anyway, but won’t be able
to win in court.
#Post#: 66760--------------------------------------------------
Re: UKPS PCN for leased car at Wing Yip Cricklewood London
DIR By: jfollows
Date: April 12, 2025, 9:14 am
---------------------------------------------------------
They will tell you to appeal to the IPC when they reject, but
some of us here won’t entertain that, it’s a sham, so prepare
for all sorts of threatening letters from debt collectors and
the like. With our advice you won’t lose.
#Post#: 66765--------------------------------------------------
Re: UKPS PCN for leased car at Wing Yip Cricklewood London
DIR By: jfollows
Date: April 12, 2025, 9:33 am
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See
HTML https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/paragraph/13
--- Quote ---
>
>
> 13(1)This paragraph applies in the case of parking charges
incurred in respect of the parking of a vehicle on relevant land
if—
>
> (a)the vehicle was at the time of parking hired to any person
under a hire agreement with a vehicle-hire firm; and
>
> (b)the keeper has been given a notice to keeper within the
relevant period for the purposes of paragraph 8(4) or 9(4) (as
the case may be).
>
> (2)The creditor may not exercise the right under paragraph 4
to recover from the keeper any unpaid parking charges specified
in the notice to keeper if, within the period of 28 days
beginning with the day after that on which that notice was
given, the creditor is given—
>
> (a)a statement signed by or on behalf of the vehicle-hire firm
to the effect that at the material time the vehicle was hired to
a named person under a hire agreement;
>
> (b)a copy of the hire agreement; and
>
> (c)a copy of a statement of liability signed by the hirer
under that hire agreement.
--- End Quote ---
…
--- Quote ---
> (5)The notice to hirer must—
>
> (a)inform the hirer that by virtue of this paragraph any
unpaid parking charges (being parking charges specified in the
notice to keeper) may be recovered from the hirer;
>
> (b)refer the hirer to the information contained in the notice
to keeper;
>
> (c)warn the hirer that if, after the period of 21 days
beginning with the day after that on which the notice to hirer
is given, the amount of unpaid parking charges referred to in
the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the
case may be) has not been paid in full, the creditor will (if
any applicable requirements are met) have the right to recover
from the hirer so much of that amount as remains unpaid;
>
> (d)inform the hirer of any discount offered for prompt payment
and the arrangements for the resolution of disputes or
complaints that are available;
>
> (e)identify the creditor and specify how and to whom payment
may be made; and
>
> (f)specify the date on which the notice is sent (if it is sent
by post) or given (in any other case).
>
> (6)The documents mentioned in sub-paragraph (2)(a) must be
given by—
>
> (a)handing them to the hirer;
>
> (b)leaving them at an address which is either—
>
> (i)an address specified in the statement of liability
mentioned in paragraph 13(2)(c) as an address at which documents
may be given to the hirer; or
>
> (ii)an address at which documents relating to civil
proceedings could properly be served on the hirer under Civil
Procedure Rules; or
>
> (c)sending them by post to such an address so that they are
delivered to that address within the relevant period for the
purposes of sub-paragraph (2)(a).
--- End Quote ---
#Post#: 66860--------------------------------------------------
Re: UKPS PCN for leased car at Wing Yip Cricklewood London
DIR By: dfwtolhr
Date: April 13, 2025, 6:02 am
---------------------------------------------------------
Thank you
In the letter from SEAT it refers to the PoFA 2012 stating that
SEAT as the register keeper can be held liable for the charges
if no action is taken by me and that if they receuve a second
notification from UKPS for the same offence then they will pay
the outstanding amount and recharge this to me.
I'm assuming this won't happen since SEAT have now passed on my
information to UKPS? Or will UKPS send a second notification to
SEAT if i do nothing?
#Post#: 66878--------------------------------------------------
Re: UKPS PCN for leased car at Wing Yip Cricklewood London
DIR By: jfollows
Date: April 13, 2025, 10:01 am
---------------------------------------------------------
As long as SEAT properly discharged their liability under PoFA
2012 they can no longer be chased for payment.
--- Quote ---
> 13(1)This paragraph applies in the case of parking charges
incurred in respect of the parking of a vehicle on relevant land
if—
>
> (a)the vehicle was at the time of parking hired to any person
under a hire agreement with a vehicle-hire firm; and
>
> (b)the keeper has been given a notice to keeper within the
relevant period for the purposes of paragraph 8(4) or 9(4) (as
the case may be).
>
> (2)The creditor may not exercise the right under paragraph 4
to recover from the keeper any unpaid parking charges specified
in the notice to keeper if, within the period of 28 days
beginning with the day after that on which that notice was
given, the creditor is given—
>
> (a)a statement signed by or on behalf of the vehicle-hire firm
to the effect that at the material time the vehicle was hired to
a named person under a hire agreement;
>
> (b)a copy of the hire agreement; and
>
> (c)a copy of a statement of liability signed by the hirer
under that hire agreement.
--- End Quote ---
However, if all that SEAT did was to forward the notice to you
along with a “letter of authority”, then they have failed to
comply with the requirements of PoFA 2012.
#Post#: 66896--------------------------------------------------
Re: UKPS PCN for leased car at Wing Yip Cricklewood London
DIR By: H C Andersen
Date: April 13, 2025, 11:47 am
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Write back to SEAT, thank them for their letter dated *** and
that you will, as instructed, wait to be 'advised directly by
the authority'.
Keep them in the loop IMO.
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