Author Topic: Transfer of liability rejection based on historical PCN london camden council - please help  (Read 900 times)

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Others probably more familiar with the precise legislation but from my googling, seems to relate to section 66 of this act

https://www.legislation.gov.uk/ukpga/1988/53/section/66

Cant see anything there which says you can't have more than one hire agreement but only read it quickly. Reads to me that all long as you furnish a hire agreement that meets the criteria it should be ok.

Surely it's not a bus lane contravention: Using a route restricted to ......
But the issue is they are comparing two PCNs..

Surely it's not a bus lane contravention: Using a route restricted to ......

But the issue is the hire agreement dates not the contravention

No it's not. The point I'm trying to make is that you have posted part of a 'Notice of Rejection' so we don't know when this was issued or what it says about appealing or the legislation under which it was issued and therefore what it should state or whether you've missed this boat......

So, post the full notice and let's see where you are.

No it's not. The point I'm trying to make is that you have posted part of a 'Notice of Rejection' so we don't know when this was issued or what it says about appealing or the legislation under which it was issued and therefore what it should state or whether you've missed this boat......

So, post the full notice and let's see where you are.
  They rejected the representation and have sent us TRibunal Form

Is it the case that the vehicle hirer in the current case is the same person or entity to whom liability was recently transferred for PCNs CU67189608 & CU67327869?

For that matter is the same vehicle involved?

As I understand you the hire company maintains two discrete hire agreements in respect of any given hire of one of your vehicles? Upon receipt of a PCN one or the other agrrement will be sent with representations to the Enforcement Authority depending on the legislation that the PCN is issued under? The hire agreements will have differing rental periods?

However the bottom line is that you, the hirer, have a Notice of Rejection in respect of a PCN that the hire company received. This should be a London Locsl Authorities and Transport for London PCN.

The options on the table are pay-up or appeal to the Adjudicator. The Adjudicator can decide if the Hire Agreement that you provided to Camden is valid or not. You'll be in for the £130 penalty if you lose.

I would register an appeal. State that you rely on your representations and that further evidence may follow. Ask for a personal hearing, you can vary this to a telephone hearing later. Use the time to research the status of the hire agreements.

...'I would register an appeal.'....

...+1, assuming of course that this is still an option!

OP, your ability to appeal is time-limited so post the full NOR and let's see by when your appeal must be registered otherwise we're blind and you could just be wasting precious time.

Is it the case that the vehicle hirer in the current case is the same person or entity to whom liability was recently transferred for PCNs CU67189608 & CU67327869?

For that matter is the same vehicle involved?

As I understand you the hire company maintains two discrete hire agreements in respect of any given hire of one of your vehicles? Upon receipt of a PCN one or the other agrrement will be sent with representations to the Enforcement Authority depending on the legislation that the PCN is issued under? The hire agreements will have differing rental periods?

However the bottom line is that you, the hirer, have a Notice of Rejection in respect of a PCN that the hire company received. This should be a London Locsl Authorities and Transport for London PCN.  I plan to appeal to tribunal as i still have 20 days to do so.  PS- the driver paid £65 already - can still file tribunal case?


The options on the table are pay-up or appeal to the Adjudicator. The Adjudicator can decide if the Hire Agreement that you provided to Camden is valid or not. You'll be in for the £130 penalty if you lose.

I would register an appeal. State that you rely on your representations and that further evidence may follow. Ask for a personal hearing, you can vary this to a telephone hearing later. Use the time to research the status of the hire agreements.
- Yes same vehicle and same person. Correct, we maintain two hire agreements, and yes they will have different return dates.  The PCN was from Local Authority CAmden Council - But can the adjudicator rely on previous PCNs? is it not the case that if the PCN is paid then the matter is closed?  How far back can the council compare PCNs?  is it not just the case of council treating each case on its own merit?  But if i pay doesn't it mean everytime i send a hire agreement they will compare with previous PCN, have they now invalidated our hire agreements going forward - despite us having agreement with hirer

I plan to appeal to tribunal as i still have 20 days to do so.  PS- the driver paid £65 already - can still file tribunal case?


- Yes same vehicle and same person. Correct, we maintain two hire agreements, and yes they will have different return dates.  The PCN was from Local Authority CAmden Council - But can the adjudicator rely on previous PCNs? is it not the case that if the PCN is paid then the matter is closed?  How far back can the council compare PCNs?  is it not just the case of council treating each case on its own merit?  But if i pay doesn't it mean everytime i send a hire agreement they will compare with previous PCN, have they now invalidated our hire agreements going forward - despite us having agreement with hirer
If the discount was on offer when the driver paid the £65 then the payment would have closed the case. There is probably wording to that effect on the PCN and/or in the Notice of Rejection. We can't tell as you have witheld some of the NoR. You would need to get Camden to re-open the case if you want to appeal.

If Camden have accepted the £65 as part payment then the hire company could appeal but if the company lose the company will be ordered to pay the balance still owing. IE another £65. How or if you can recover that from the hirer/driver is a different kettle of fish.

I guess that the most important aspect of this is to get clarity on whether your arrangements with parallel hire agreements are legal? I suspect not.

Not sure where this case has got to in the last couple of months, but this recent blog post by Mr Mustard seems relevant:

https://lbbspending.blogspot.com/2024/12/being-cute-turns-expensive.html