PCN issued whilst in hire car?

[Redeye]

Hi,

Please see attached recently received PCN from 'One Parking Solution' for an expired pay & display ticket.

The driver was in a hire car at the time and the car hire company (Hertz) have passed on my details (and charged me £40 admin fee for the privilege!).

What's the best way to deal with this PCN? Do I have any grounds to appeal?

Any advice much appreciated.

Thanks

R

[ostell]

Re: PCN issued whilst in hire car?

Edit your post so that the identity cannot be inferred, use "The driver..."

Aren't your the lucky one! That PCN is so not POFA compliant there is no way they can hold you, the keeper, liable.. You are the keeper.

Here's POFA To hold you liable for the charge all the requirements in paragraphs 13 & 14 must be complied with. A common reason is that the required copy of the hire documents is not enclosed with the letter.

Your appeal will be a simple one in that they have not complied with POFA in order to hold you, the keeper, liable. They have failed to comply with the requirements of the Protection of Freedoms Act 2012 Schedule 4. The only person that can be held liable is the driver who you will not be identifying as there is no legal requirement to do so.

Post your appeal on here for critique before you send.

Then you take on Hertz for that £40. Getting your appeal accepted is good as it shows there was no valid charge. The next is the actual wording of the rental agreement. If it talks about that admin fees for fines and penalties then this is neither of those.

[Redeye]

Re: PCN issued whilst in hire car?

Thanks Ostell, that's great.

I'll write up an appeal and post it here before sending.

Thanks very much

R

[Redeye]

Re: PCN issued whilst in hire car?

Is this ok?

"Ref: PCN - OXXXXX30
To Whom it may concern,


As the registered keeper of I refer to the above PCN which I received on 27/10/2017.


I understand from the Protection Of Freedoms Act 2012 that you have failed to comply with the requirements, specifically, but not limited to, delivering the Notice to Keeper within 14 days.


Due to this fact, no further communication is expected other than to confirm that no further action will be taken and my details will be removed from your records.


Take this request for removal as notice under section 10 of the DPA and a response is required within 21 days.




Yours Sincerely "

[des8]

Re: PCN issued whilst in hire car?

Please don't send that appeal.
Others will be along to advise more specifically but your appeal is to be based on non compliance with POFA 2012 Schedule 4 sec 14 (5)

(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).

[Redeye]

Re: PCN issued whilst in hire car?

Thanks Des,

I will await further advice before trying again.

Many thanks for your help.

[ostell]

Re: PCN issued whilst in hire car?

Where did you get the 14 days from? That only applys to the NTK delivered to the registered keeper. There is extra time allowed, logically, for the hire company to reply and the parking company send out a notice to hirer

You are looking for non compliance with paragraph 14. Did you get a copy of the hire agreement or a copy of the original NTK. Missing those is a failure to conform and therefore the keeper cannot be held liable. There is also no period of parking.

[Redeye]

Re: PCN issued whilst in hire car?

Sorry, got confused with all the words and paragraphs! :/

I did not receive a copy of the hire agreement or the original NTK with this correspondence.

How about this then?

"Ref: PCN - OXXXXX30

To Whom it may concern,

As the registered keeper of DSXX YYT, I refer to the above PCN which I received on 27/10/2017.

I note a failure to comply with schedule 4 paragraph 14 of the Protection Of Freedoms Act 2012, specifically, but not limited to, failing to include a copy of a hire agreement or a copy of the original NTK with your letter.

Due to this fact, no further communication is expected other than to confirm that no further action will be taken and my details will be removed from your records.

Yours Sincerely "

[ostell]

Re: PCN issued whilst in hire car?

......specifically 14 (2) (a)............

Looks good

[Redeye]

Re: PCN issued whilst in hire car?

Thanks Ostell, I'll get it in the post and let you know how it goes

[OliverJames]

Re: PCN issued whilst in hire car?

Remember to post it from the post office and get a receipt from the counter for proof!

Belt and braces

[ploddertom]

Re: PCN issued whilst in hire car?

If it is a hire car then you cannot be the Registered Keeper.

[Redeye]

Re: PCN issued whilst in hire car?

Will do thanks for the tip

- - - Updated - - -

AH yes, well spotted, thank you.

I should change it to "the keeper" I guess?

[charitynjw]

Re: PCN issued whilst in hire car?

Yep, 'keeper' is fine.

“keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper;

http://www.legislation.gov.uk/ukpga/...dule/4/enacted

[Redeye]

Re: PCN issued whilst in hire car?

That's great...thank you....another piece of knowledge gained for the day!