Free Traffic Legal Advice

HI,

I received a PCN - 52M - Failing to comply with a prohibition on certain types of vehicle (m) motor vehicles

I have never been to that area and really have no idea about the PCN.

Could anyone please advise on any appeal for the PCN?

Thank you.

https://ibb.co/cb1938f

This is not addressed to you, but to Hertz. Have you written authority to make reps on behalf of Hertz?
What are the terms of your agreement with Hertz re penalty charges.
Follow Incandescent's advice above and wait for the experts to comment on the leasing situation.

+1 to the above

What are Hertz going to do about the PCN, pay it and charge you, or submit representations that they are a hire company, and pass on your name and address as the hirer ? It all depends on your agreement with Hertz UK, so you need to check with them. Until you get a PCN with your name and address on it, you have no legal responsibility to pay or appeal it.

Thank you so much for your reply.

I received this from Hertz:

Thanks for your email, I have investigated the terms and conditions state that we will pay the fines when they are received. This is an automated process. Therefore, I can issue you with an appeal notice and you will need to appeal the ticket. If you win the appeal, we will then refund accordingly.
 
Please note the rental agreement you signed gives the process and you have agreed with these terms and conditions.
 
Please advise if you wish to go ahead and I will request the appeal notice?

I replied: I do wish to appeal to all the parking fines I have received or wish to receive in the future.

Just to add I did go on the H & F website and it says the Case is now Closed. I am assuming as Hertz has already paid the Fine but they have said I can appeal and they will waive the charges if successful.

So, if I can't see the video for the fine, how can I challenge?

I'm afraid Hertz have told you a load of complete tosh. There is no process as they describe, the correct one is that they submit representations to the enforcing council that they are a hire company, and supply the hirer's name and address on the date of the alleged contravention. The council can then cancel the PCN and issue another one to the person they have supplied as hirer. 

What they have done is cut off any possibility of you submitting representations against the PCN.  We see this a lot and frankly one has to wonder if the hire companies are just being deliberately mendacious, to make their admin easier.

Thank you for your reply.

I have emailed Hertz to tell them I wish to challenge for this fine.

I will write back as soon as I get reply from Hertz or H & F council.

First thing to find out is, have they paid the PCN ? If they have the letter of authority is useless to you. This is the key sentence in their initial contact with you about the PCN: -

Thanks for your email, I have investigated the terms and conditions state that we will pay the fines when they are received. This is an automated process. Therefore, I can issue you with an appeal notice and you will need to appeal the ticket. If you win the appeal, we will then refund accordingly.

I can only suggest you make a complaint to Hertz who clearly are totally unaware of the law and regulations in the UK related to parking and traffic enforcement.

OP, the links to the PCN have disappeared.

I have never been to that area and really have no idea about the PCN.

As I understand it, you are saying that either:
The vehicle in the video and PCN is not the one hired by you(VRM misread or clone), or
It is the one hired by you and someone else was using it(with or without your permission).

So, if it's 1, this is either because it's a misread of the VRM or the number plate has been cloned. Either of these, and especially the latter, should be brought to Hertz's attention and they should want to know. If it's a misread, then you would want to raise with them why their 'automated system' didn't pick this up. Irresponsible doesn't cover it. If it's a misread then they owe you the money. This is between you and them, let them take the matter to the council.

But if it's a clone(the correct VRM) then you must tell Hertz that there's another car out there. This time flying motorbike, next time armed robbery?

But if 2, then you need to ask yourself how how another person got access to your car. It's still your liability, but you might have someone else to look to for payment.

So actually IMO you need to sort out which of the scenarios fits before you could even contemplate making formal reps.

Is it 1(a), 1(b) or 2?