success Luton Airport BP Garage

**ostell** · 8th May 2019, 08:49:AM

So it was a hire car. Was it hired in your name or the name of your company?

If the PCN as a Notice to Hirer, was received with your name on it did you also get some additional material with it, like a copy of the hire agreement? We're looking at POFA 14 (2) (a) and the referenced 13 (2).

**andyc128212** · 8th May 2019, 10:36:AM

Hello, it was a hire vehicle yes, it was in the hirers name but for work use and funded by work. The notice to hirer was in the hirers name but with no additional information at all, I think I will scan everything and delete my info if that helps?

**andyc128212** · 8th May 2019, 10:50:AM

**Setmefree3** · 8th May 2019, 11:12:AM

Isn’t that 17 days before they issued the notice to Enterprise based on their own letters.

**andyc128212** · 8th May 2019, 11:40:AM

I believe so, I just wasn't sure if that was grounds to appeal as that was the letter to the hire company, does that still apply? I just don't know how the rules apply when the letter goes to the hire company, then has to be forwarded to the hirer.

**Setmefree3** · 8th May 2019, 11:54:AM

charitynjw is very knowledgeable with these matters.

**andyc128212** · 8th May 2019, 13:02:PM

Thanks, will they see that they have been tagged here or should I contact them direct?

**Setmefree3** · 8th May 2019, 13:15:PM

charitynjw can you help with this.

**charitynjw** · 8th May 2019, 13:47:PM

No!

Only kidding!

I'll have a look.

Nb. A notice to hirer is 21 days from the day after the alleged contravention.

**charitynjw** · 8th May 2019, 14:05:PM

Ok, first things first.
Does the hire agreement nominate only one driver?
If not, has your firm given the name & address of the driver at the time of the alleged contravention?
Has the hire company been in contact with your firm? (Usually to charge an admin fee.)

Just to be on the safe side, could you edit your first post to "the driver stopped to make a call to the office...." & alter any other places in any posts which could either ID the driver or imply same.

**ostell** · 8th May 2019, 17:51:PM

Edit the relevant posts so that the identity of the driver cannot be inferred.

If you can hang on till I can get to my desktop I'll post up an appeal.

The 21 days applies to the issue of the notice to hirer after receipt of the details by the PPC from the hire company. The 14 days still applies to the first NTK and they have failed that as well

Edit: back on the desktop.

On the understanding that the hire was in your name and your company were not involved.

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.

I note that in the copy of the PCN sent to the hire company, Enterprise, that has been forwarded to me that you have also failed to adhere to the relevant period of 14 days as required by 9 (4) of the Act.

Because of your failings 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 so that it arrives on day 19 after the date on the notice to hirer so that they don't have sufficient time to reissue a corrected NTH within the relevant period. Send first class and get a free certificate of posting from a Post Office.

The content of the hire agreement is irrelevant to identifying the driver. The hire company were not present when the alleged infraction was detected and therefore cannot say who they driver was.

**charitynjw** · 8th May 2019, 19:25:PM

Originally posted by ostell View Post

The content of the hire agreement is irrelevant to identifying the driver. The hire company were not present when the alleged infraction was detected and therefore cannot say who they driver was.

Hi ostell
I'm just wondering.
The last time I hired from Enterprise, I had to name any potential drivers.
If that is the case here & there was only one named driver, could it not be inferred (balance of probs) who was driving?

**ostell** · 8th May 2019, 21:23:PM

You will probably find that the PPC have not got a copy of the agreement anyway under an agreement between the BVRLA ((?) and the parking companies. And no matter what it says on the contract they still don't know who was actually driving at the time.

**andyc128212** · 9th May 2019, 14:03:PM

hello, sorry for the delay I have been away from the internet. I have edited the original post so that is done. Regarding the agreement, that is only in one name as the employer paid the rental online, then the hirer went to collect the vehicle and signed the agreement and paid the deposit with credit card, then the hirers card was charged for the admin charge relating to the parking ticket. Does this help? Is there grounds for appeal? Ostell - thanks for typing that out, does it still apply? thankyou all

success Luton Airport BP Garage