Highview treliske charge notice

[Applecore]

Good evening all,

I’ve stumbled across this forum after a google search regarding a notice I’ve had through the post today. It relates to a courtesy car from enterprise that I had been given from a third party insurance company after I was rear ended. I was not the driver at the time although the car was on rental to me at the time.

I won’t be giving any names as per other threads I’ve looked at, but is there any way I can get out of paying this?
it also says there was a previous letter but I never received it.

any advice much appreciated

[ostell]

So did you also receive a copy of the rental agreement and the original PCN to Enterprise? See POFA paragraph 14, especially 14 (2) (a)

Could you post up a readable copy of the PCN

[Applecore]

No this is the first correspondence I’ve had regarding the PCN.

[charitynjw]

They are reminders, not the original PCN.

Is it still 90 mins maximum stay?

[Applecore]

2 hours

[Applecore]

I have not received anything except this reminder

[ostell]

They could just be referring to the fact that this not a first one but in this instance point out that this is the first communication from them that you have received and as they have not complied with the requirements of POFA 14 (2) (a) they cannot hold you, the hirer/keeper liable for the charge. You do not expect to hear from them again.

[ostell]

Perhaps this as a response:

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.

I was not the driver at the time of the alleged incident and as there is no legal requirement to identify the driver 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 your letter so that they can't correct within the relevant period.

[Applecore]

That’s great, thankyou! But where does the 19 day bit come from?

[ostell]

They have 21 days from the receipt of the response from the hire company to get the Notice to hirer delivered to the hirer. If they receive a response on day 19 they can't reissue a corrected NTH so that it is received within the relevant period. It's all in POFA 14