Hey good day folks,
I could use a bit of help wrapping my head around something. I rent out my vehicle to a driver, and for a parking PCN from TFL, I managed to successfully transfer liability to the driver—easy enough. But when I tried the same trick for a bus lane PCN, TFL shot me down. A little digging online tells me this might be some sort of sneaky legal loophole that maintains registered keepers be liable for bus lane contraventions regardless of hire agreements.
Now, here’s where it gets interesting because TFL’s reasoning has left me in a bit of a head-scratch. I know that, typically, for liability transfer to work, the hire agreement has to be under 6 months. But in the notice of rejection I received from TFL, they stated this:
“You have stated that you are a hire company, and the contravening vehicle was on hire at the time of the contravention. Please be advised that The London Local Authorities Act 1996 does not make provision for the transfer of liability to the hirer for bus lane contraventions, unless the hire agreement has a start and end date which covers the date of contravention and must be for a period of 6 months or longer. Therefore, we are unable to transfer liability for this charge.”
Wait, what?! For regular liability transfer, it needs to be under 6 months, but for bus lane contraventions, it has to be 6 months or more? This is some next level type of contradictory orca sh*t I've not encountered before!
Should I try drafting a new hire agreement that’s over 6 months with my driver, backdate it, and give it another shot with TFL? Or is there something else I’m missing here? Any advice would be much appreciated! Thanks in advance, legends.
