But you are not the Keeper of the vehicle. You are the Hirer.
What you should have said in your appeal is the you were the Hirer and because UKPC have failed to fully comply with all the requirements of PoFA, they can only hold the driver liable and you are under no legal obligation to identify the driver. End of.
At least the driver has not been identified. You should make a simple POPLA appeal (only as the Hirer) as follows:
POPLA Appeal – UKPC Parking Charge Notice [insert PCN number]
Appellant: The Hirer of the vehicle
I am the Hirer of the vehicle in question. I am appealing as the Hirer.
This charge is unenforceable against me. UK Parking Control Ltd is attempting to transfer liability under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA), but they have failed to meet the statutory requirements that would allow them to do so.
1. UKPC has failed to comply with Paragraph 14 of Schedule 4 of PoFA 2012
Where a vehicle was hired at the time of the parking event, PoFA requires the operator to comply with Paragraph 14 in order to transfer liability from the keeper or vehicle-hire firm to the Hirer. This includes a strict requirement to include certain documents with the Notice to Hirer.
Specifically, Paragraph 14(2)(a) states that the operator must provide four documents:
1. A copy of the original Notice to Keeper
2. A copy of the hire agreement – as required by PoFA Paragraph 13(2)(b)
3. A copy of a statement signed by or on behalf of the vehicle-hire firm confirming the vehicle was hired to a named person – PoFA Paragraph 13(2)(a)
4. A copy of a statement of liability signed by the Hirer – PoFA Paragraph 13(2)(c), which must include:
• a statement that the Hirer accepts responsibility for any parking charges incurred, and
• a serviceable address for the Hirer
These documents are not optional. They are a statutory precondition for establishing Hirer liability under Paragraph 4 of the same Schedule.
UKPC has failed to provide all four documents listed above. In particular, the Notice to Hirer did not include:
• A copy of the hire agreement
• A copy of the Hirer’s signed statement of liability
• A copy of the original Notice to Keeper
This is a clear and fatal breach of Paragraph 14. No amount of assumptions or alternative evidence can cure this failure, because the wording of the legislation is unequivocal: these documents must be provided with the Notice to Hirer in order to hold the Hirer liable.
2. No Hirer liability exists
Since UKPC failed to provide the required documents, they cannot rely on PoFA to pursue me as Hirer. I am not liable for this charge.
There is no legal obligation on a Hirer to identify the driver, and I decline to do so.
3. Conclusion
POPLA is bound to apply the law. The operator has failed to comply with the Protection of Freedoms Act 2012, Schedule 4, Paragraphs 13 and 14. No Hirer liability can arise.
I respectfully request that the appeal be upheld and the charge cancelled.