Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: X-treem on September 02, 2026, 07:31:55 am
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The NtH does not reference POFA so this should be an easy win at POPLA if the operator fails to cancel the charge.
It being Scotland, only the driver could go to POPLA, so if PE don't cancel on receipt of X-treem's correspondence then he should ignore future letters.
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I'd also note that the services are in question are in Scotland, so PoFA doesn't apply anyway.
In that case, I should not reference PoFA. The appeal is therefore much simpler:
I appeal as the addressee of your Parking Charge Notice. I make no admission as to the identity of the driver. You have provided no evidence that I was the driver, and there is no basis on which I am liable for the parking charge merely because I was identified to you as the hirer of the vehicle.
Please cancel the parking charge.
My current and only address for correspondence and service is:
[REDACTED]
Portland, OR 97229
United States
The former UK address is no longer valid for correspondence or service. Please update your records accordingly.
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The NtH does not reference POFA so this should be an easy win at POPLA if the operator fails to cancel the charge.
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I'd also note that the services are in question are in Scotland, so PoFA doesn't apply anyway.
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Looks good.
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I received an NtK (http://repository.x-treem.net/Misc%20Pictures/FTLA/PCN%2022.07.26%20-%20NtK.pdf) from Europcar (which they received from Parkingeye), then an NtH (http://repository.x-treem.net/Misc%20Pictures/FTLA/PCN%2022.07.26%20-%20NtH.pdf) from Parkingeye.
Based on similar recent topics involving Parkingeye (South Mimms (https://www.ftla.uk/private-parking-tickets/parkingeye-pcn-south-mimms-overstay-safety-stop-due-to-fatigue/), Asda Ashford (https://www.ftla.uk/private-parking-tickets/overstay-parkingeye-private-parking-charge-notice-asda-ashford-kent/), Costa Parc Pontypandy (https://www.ftla.uk/private-parking-tickets/parkingeye-overstaying-in-car-park)), I've created this initial appeal:
I appeal as the addressee of your Notice to Hirer dated 30 July 2026. I make no admission as to the identity of the driver.
The Notice to Hirer was not accompanied by the documents required under paragraphs 13(2) and 14(2)(a) of Schedule 4 to the Protection of Freedoms Act 2012: the vehicle-hire firm’s statement, the hire agreement, the hirer’s signed statement of liability and the Notice to Keeper.
The notice also fails to comply with paragraph 14(5): it does not inform me that the parking charge may be recovered from the hirer as required by paragraph 14(5)(a), refer me to the information contained in the Notice to Keeper as required by paragraph 14(5)(b), or give the statutory 21-day hirer-liability warning required by paragraph 14(5)(c).
You have therefore failed to satisfy the statutory conditions required to transfer liability to a hirer. Any liability allegedly incurred by the unidentified driver has not been transferred to me and cannot be recovered from me under Schedule 4. Please cancel the parking charge.
My current and only address for correspondence and service is:
[REDACTED]
Portland, OR 97229
United States
The former UK address is no longer valid for correspondence or service. This notice happened to be forwarded to me, but future correspondence may not be. Please update your records and use only the address above.
This is based also on another almost-identical appeal I made to GroupNexus last month (https://www.ftla.uk/private-parking-tickets/groupnexus-moto-winchester-south-overstay/) which was successful.
Thoughts?