Uk Parking Partrol

[Debz17]

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

[Debz17]

Celestine

[charitynjw]

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).

[Debz17]

charitynjw no nothing

[charitynjw]

charitynjw no nothing

You state rather confidently that 'they' failed Sch 4 PoFA.
In what way?

[Debz17]

Don’t 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 it’s been past the time scale. Please correct me I’m want advice

[charitynjw]

Don’t 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 it’s been past the time scale. Please correct me I’m 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?

[Debz17]

Letter states fixed but they was not the driver

[Debz17]

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

[charitynjw]

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.

[Debz17]

charitynjw I dealing with this for someone else so I’m sorry to be a pain I read through info that you sent to be completely honest don’t really understand but if no proof of documentation i.e hirer agreement and the hirer wasn’t the actual driver do they have an agreement/case against the ticket?

[ostell]

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

[charitynjw]

Bear in mind that you may need to prove that the supporting documentation was not included with the Notice.

[Debz17]

ostell no just the letter that was posted

[ostell]

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