You need to immediately tell VWFS that no "offence" has been committed as Alliance Parking are not an "authority" of any sort and are unable to issue "fines" or "penalties". Explain to the that Alliance Parking are an unregulated private parking company and the PCN they issued is simply an "invoice" for an alleged breach of contract by the driver under civil law.
Point out, in no uncertain terms, that all they are required to do under PoFA 2012 is to do as follows, and there can be no liability on VWFS:
The specific provisions in the Protection of Freedoms Act 2012 (PoFA) that address the transfer of liability from VWFS, the lease company (as the registered keeper) to the hirer are found in Schedule 4, Paragraph 13 and Paragraph 14. Here is a breakdown of where and how PoFA explains that a lease or hire company can avoid liability by providing the hirer's details and the required documents.
1. Schedule 4, Paragraph 13 – Transfer of liability when vehicle is hired
Paragraph 13 sets out the conditions under which a vehicle hire company (VWFS), as the registered keeper, can transfer liability to the hirer. It states that the creditor (Alliance Parking) cannot hold the vehicle hire company (VWFS) liable for the parking charge if:
The vehicle was hired to someone at the time of the parking incident, and
The hire company (VWFS) provides the name and address of the hirer and certain documents to the PPC (Alliance Parking) within 28 days of receiving the Notice to Keeper (NtK). This is key because it means that if VWFS follows these steps, they can transfer liability to the hirer.
2. Schedule 4, Paragraph 13(2) – Documents to be provided
Under Paragraph 13(2), the lease or hire company (VWFS) must, within the 28-day period:
Provide a statement signed by or on behalf of the hire company (VWFS) to the PPC (Alliance Parking), confirming that the vehicle was hired at the time of the parking incident.
Provide the name and address of the hirer.
Provide a copy of the hire agreement and the statement of liability signed by the hirer, confirming that the hirer accepted responsibility for parking charges during the hire period.
3. Schedule 4, Paragraph 14 – Notice to Hirer
Paragraph 14 outlines the next steps the PPC (Alliance Parking) must take if the lease company (VWFS) has provided the required information. If the lease company (VWFS) supplies the hirer's details and the relevant documents, the PPC (Alliance Parking) must then serve a Notice to Hirer (NtH) (equivalent to a Notice to Keeper) on the hirer. The PPC (Alliance Parking) must follow strict requirements when issuing this notice, including issuing it within a specific timeframe and including the correct wording.
4. Liability of the lease company (VWFS)
Under Paragraph 13(1), once the hire company (VWFS) provides the necessary details and documents to the PPC (Alliance Parking) within the required timeframe, the PPC (Alliance Parking) cannot hold the lease or hire company (VWFS) liable for the charge. The responsibility then passes to the hirer, and the PPC (Alliance Parking) must pursue the hirer directly.
Only if the hire company (VWFS) fails to provide these details within the 28-day period, the PPC (Alliance Parking) could hold the lease (VWFS) company liable under PoFA.
Summary of Key Provisions:
Paragraph 13(2) explains what information and documents the lease company must provide to transfer liability to the hirer.
Paragraph 14 explains that once the lease company provides the hirer's details and documents, the PPC must serve a Notice to Hirer on the hirer.
Paragraph 13(1) makes clear that if the lease company provides the hirer's details and documents correctly, they cannot be held liable for the parking charge.
So, as the PCN you have forwarded to me is not a "fine" or a "penalty" issued by an "authority", therefore, no "offence" has been committed by the driver. Please be aware of the difference between what you have referred to an "offence" and a simple allegation of breach of contract by a private (unregulated) company:
Offence
An "offence" typically refers to a violation of the law, usually a 'criminal' or 'statutory' regulation. In the context of parking, an 'offence' might involve breaking a rule or regulation that has been set by a public 'authority', such as parking on double yellow lines, in a disabled bay without a permit, or violating other traffic laws. These are enforced by public bodies such as local councils or the police, and the 'penalties' are legally binding and enforceable by law. Committing an 'offence' could lead to criminal charges or 'fines' issued by these authorities.
Alleged Breach of Contract
In contrast, an "alleged breach of contract" in a private parking situation refers to a potential violation of the terms and conditions set by a private parking company (PPC) on private land. When a driver parks on private property, such as a supermarket or a shopping centre, they are often subject to the parking rules displayed on signs. By parking there, the driver is considered to have entered into a contract with the landowner or the PPC managing the parking area.
If the driver does not comply with these terms — such as by overstaying the time limit or failing to pay for parking — the PPC may issue a Parking Charge Notice (PCN). This PCN is not a 'fine' or a criminal 'penalty'; it is a demand for payment due to the alleged breach of the parking contract. The matter is 'civil', not 'criminal', and any dispute would typically be resolved through civil litigation in the small claims court.
So, please confirm that VWFS has transferred their liability as the registered keeper (RK) to me, the Hirer, in accordance with the requirements as set out in the Protection of Freedoms Act 2012. Having transferred liability in accordance with PoFA, VWFS is no longer liable for the PCN and I will be dealing with it through the necessary process. Alliance Parking cannot later revert back to VWFS under any lawful circumstance, no matter what they may have written in their NtK.
Please confirm that the above has been understood and complied with and that no further action is necessary by VWFS with regard to this matter. Any failure to adhere to the requirements of PoFA by VWFS that results in any action by Alliance Parking cannot be charged back to me, as long as VWFSs liability was transferred as required by PoFA.