That's the rejection from the parking co. The POPLA code should still be live for a couple more days, and you can submit an appeal to them.Exactly, and the suggested POPLA appeal is in Reply #11 above.
why would you suggest the OP pays????
Hi,Dated 13 June.
Ive had the appeal rejected with the attached email.
Hoping for further advice
I am the Hirer of the vehicle. The Notice to Hirer does not invoke the provisions of Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) and expressly states that the operator is pursuing the driver only.
The final paragraph of the Notice to Hirer confirms this position:"You are advised that if, after the period of 21 days beginning with the day after that on which this notice is given – the amount of the unpaid parking charge specified in this notice has not been paid in full, we will have the right to recover the parking charge amount that remains unpaid from the driver of the vehicle."
I decline to identify the driver, as is my lawful right. The operator has provided no evidence that I was the driver and therefore has no lawful basis to pursue me as the Hirer.
There can be no inference or presumption that the Hirer/Keeper is the driver, as confirmed by persuasive case law in VCS v Edward (2023) [HOKF6C9C].
The appeal must therefore be allowed.
Show us the NtH, both sides.
Did it include copies of these document?• a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;
• a copy of the hire agreement;
• a copy of a statement of liability signed by the hirer under that hire agreement; and
• a copy of the original Notice to Keeper (NtK)
As requested,
Thank you
As requested,Well, half of what was requested... did you receive the documents b789 asked about?
Show us the NtH, both sides.
Did it include copies of these document?• a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;
• a copy of the hire agreement;
• a copy of a statement of liability signed by the hirer under that hire agreement; and
• a copy of the original Notice to Keeper (NtK)
For Private Parking notifications only (Parking Charge Notice), please see the additional information below.
The legislation has changed. To read more about this within The Protection of Freedoms Act 2012, please log onto http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted.
The changes mean that Tuskerdirect Limited as the registered keeper can be held liable for these charges if you take no action.
In the event we receive a second notification from a Private Parking Operator for the same offence, we will pay the outstanding amount and recharge this amount to you. Please note this additional step may incur a further administration fee as set out in the terms and conditions of your contract.
We have given your details to the relevant authority transferring liability of this offence to you. The authority will now contact you directly.
What “fine”? I will give you £100 for every occurrence of the word “fine”:or “ penalty” you can show us in the correspondence from Premier Park.
It is obvious that Tusker have forwarded you their copy of the Notice to Keeper (NtK) but you have not shown us what other correspondence they sent you with that. Show us.
You have a “golden ticket” if you do not screw this up by blabbing the drivers identity. Neither Tusker not the parking operator have any idea who the driver is. The only known factor is that you (I’m assuming) are the Hirer of the vehicle. The Hirer and the driver are two separate legal entities and there is no legal obligation on the Hirer to identify the driver to an unregulated private parking company, who are not an authority of any kind that is able to issue “fines” or “penalties”.
What has been issued is is a speculative invoice for an alleged breach of contract by the driver. No offence has been committed. If Tusker has mentioned anything about an “offence” or a “fine” in their correspondence to you about this, then they are wrong, especially if they threaten to pay it without giving you the opportunity to appeal a simple invoice.
All Tusker has to do is transfer liability to you as the Hirer and is documented on that copy of the Notice to Keeper (NtK) you have received. Once they have done that, they are no longer liable and the parking operator cannot come back to them. They are required to then issue a Notice to Hirer (NtH) in your name and you can deal with this very easily, if you follow our advice.
I have yet to see any private parking operator issue an NtH that complies with PoFA which can hold the Hirer liable, as long as the Hirer does not proverbially blow both feet off with a single shot by blabbing the drivers identity, inadvertently or otherwise.
So, please show us what Tusker sent you together with that copy of the NtK. Also, have a close look at your lease agreement and tell us exactly what it says about private parking charges. It is not a fine or a penalty so stop calling it that.