This case seems to fit the bill - OP can you confirm?
Case reference 2240236262
Appellant Autolux UK
Authority City of Westminster
VRM AO22FCX
PCN Details
PCN WE53357317
Contravention date 25 Jan 2024
Contravention time 12:10:00
Contravention location Hereford Road
Penalty amount GBP 130.00
Contravention Parked resident/shared use without a valid permit
Referral date
Decision Date 30 Jul 2024
Adjudicator Michael Burke
Appeal decision Appeal refused
Direction Full penalty charge notice amount stated to be paid within 28 days.
Reasons
The Appellants seek to transfer liability for this PCN by virtue of a vehicle hire agreement. It is possible to do this on an agreement of less than 6 months. However the document relied upon must satisfy The Road Traffic (Owner Liability) Regulations 2000, which require a statement of liability signed by the hirer and the inclusion of the following details:
'A. Particulars of person signing statement of liability*
1. Full Name.
2. Date of birth.
3. Permanent Address.
4. Address at time of hiring (if different from 3 above and stay is likely to be more than two months from date of hiring).
5. Details of driving licence:
(a) country where issued (if not UK),
(b) serial number or driver's number,
(c) date of expiry (which should be no later than date specified in B7 below).
* Where the statement of liability is in Part II of form H, the full name and address of the person by or on whose behalf the statement of liability was signed should be supplied together with the date on which it was signed. If the person taking possession of the vehicle is not the same as the person by or on whose behalf the statement was signed, the full name of that person should also be supplied (if known).
B. Particulars of hiring agreements
1. Registration mark of vehicle hired under the hiring agreement.
2. Make and model of vehicle hired under the hiring agreement.
3. Registration mark of any vehicle substituted for the above during the currency of the hiring agreement.
4. Make and model of any vehicle substituted for the above during the currency of the hiring agreement.
5. Time and date of any change of vehicle.
6. Time and date of commencement of original hiring period.
7. Expected time and date of expiry of original hiring period.
8. Time and date of commencement of authorised extension of hiring period.
9. Expected time and date of expiry of authorised extension of hiring period.
10. Actual time and date of return of vehicle (or when vehicle returned out of hours time and date on which vehicle-hire firm next opened for business).
This requirement applies only to the vehicle hire firm's copy of the hiring agreement.'
In their Case Summary the Enforcement Authority do not accept the veracity of the Appellants’ claim. They say the Appellants have repeatedly provided similar vehicle hire agreements but that no contact or payment is received once liability has been transferred.
If the Appellants were acting in good faith I would expect them to have responded to the Case Summary. They have failed to do so. I am not satisfied that the vehicle was subject to a genuine vehicle hire agreement. Accordingly I refuse each appeal.
