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Uk Parking Partrol

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  • Uk Parking Partrol

    Hope someone can help can they use no liability as they failed to meet schedule 4 of The Protection of Freedom Act 2012? Letter received dated 8th June issue date 15th April the letter does state notice to keeper served transfer liability naming hirer than at the top of letter states as the driver is liable. So who is liable the driver or hirer
    attached original letter and email response
    Attached Files
    Tags: ostell

  • #2
    Celestine

    Comment


    • #3
      Originally posted by Debz17 View Post
      Hope someone can help can they use no liability as they failed to meet schedule 4 of The Protection of Freedom Act 2012? Letter received dated 8th June issue date 15th April the letter does state notice to keeper served transfer liability naming hirer than at the top of letter states as the driver is liable. So who is liable the driver or hirer
      attached original letter and email response
      Was other documentation supplied with the Notice? (Eg, the hire agreement).
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        charitynjw no nothing

        Comment


        • #5
          Originally posted by Debz17 View Post
          charitynjw no nothing
          You state rather confidently that 'they' failed Sch 4 PoFA.
          In what way?
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Donít they have a time frame when they need to request keeper/hirer details from the date of the ticket? They state that if driver details not given then hired is responsible but itís been past the time scale. Please correct me Iím want advice

            Comment


            • #7
              Originally posted by Debz17 View Post
              Donít they have a time frame when they need to request keeper/hirer details from the date of the ticket? They state that if driver details not given then hired is responsible but itís been past the time scale. Please correct me Iím want advice
              The relevant timeframe is a moveable feast, depending on the circumstances surrounding the issue of the pcn.
              For example, was a windscreen ticket affixed to the vehicle?
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Letter states fixed but they was not the driver

                Comment


                • #9
                  charitynjw as not driver I just see it states fixed to screen

                  Comment


                  • #10
                    Originally posted by Debz17 View Post
                    charitynjw as not driver I just see it states fixed to screen
                    If a pcn is affixed to the vehicle, the driver has 28 days to respond.
                    If no response, the parking company can contact DVLC for registered keeper details (in this case, the hire company).
                    A Notice to Keeper can then be served. (29-56 days window allowed).
                    The hire company can either accept liability, or can furnish details of the hirer together with relevant documentation as evidence. (21 days allowed from service of NtK).
                    A Notice to Hirer plus evidence is then served on the nominated person per the hire company's info.

                    See https://www.legislation.gov.uk/ukpga/2012/9/schedule/4 and https://irp.cdn-website.com/262226a6...ractice_v8.pdf for more detailed information.
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #11
                      charitynjw I dealing with this for someone else so Iím sorry to be a pain I read through info that you sent to be completely honest donít really understand but if no proof of documentation i.e hirer agreement and the hirer wasnít the actual driver do they have an agreement/case against the ticket?

                      Comment


                      • #12
                        With the Notice to Hirer was a cop of the hire agreement and the original PCN also included?

                        Comment


                        • #13
                          Bear in mind that you may need to prove that the supporting documentation was not included with the Notice.
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb


                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.


                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #14
                            ostell no just the letter that was posted

                            Comment


                            • #15
                              Is this relevant?

                              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 at the last possible moment (21 days?) so that they cannot reissue

                              Comment

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