PCN notice received 1 month and 18 days later

[Ihussain1987]

Hi peeps,

I have received 2 fines through a car I had hired. Now the contravention tools place 1st August 2018 and I received the letters 18th of September. More than 1 month later. Legally do I have to pay it?

[ostell]

It depends on what came through with the Notice to Hirer/Keeper (they are not fines, merely invoices).

As the don't know the identity of the driver, and don't tell them, then they have to reply on POFA to hold the keeper liable for the actions on the driver. Here's POFA

For a hirer the relevant bit is section 14 (2) (a), where they are required to include copies of the hire documents and the orignal Notice to Keeper that they sent to the hire company with that Notice to Hirer/Keeper. Very few parking companies get it right.

If there are none of those extra bits of paper then send this:

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.


Send this so that it arrives by day 19 of the date of the PCN you received. This is so that they do not have time to issue a compliance notice to hirer/keeper. If there are 2 Notices then get your dates correct so that they are not forewarned by you responding to one of the notices.

If you did receive those extra bits of paper then post up the letters, front and back so that others can look at them.

You may also have problems with the hire company charging between £35 and £60 each time for providing your details to the parking company. Get out your hire contract and look at what it says about charging for fines and penalties. This charge is neither a fine or a penalty so you can argue it out with them, though it would probably would be better to wait until you get confirmation that the charge is cancelled.

[Ihussain1987]

I do apologies for the lack of clarity. What I meant was I was the one that tool the car on hire from a hirer. I got this letter today 18th Sept. Issue date was 14 Sept but the actual contravention took place 1st Aug. So it's been more than a month. Is there still a way for me to win an appa against it?

[ostell]

If you are the hirer and the required additional documents were not there then yes just send that letter. Do not identify the driver at the time, there is no requirement to do so.

why did you think there would be a problem as you were the hirer? I'm presuming the tickets were addressed to you and had not just been forwarded from the hire company