Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: butterbeanee on May 16, 2025, 04:53:41 pm
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Ensure that the registered keeper is up to speed with the requirements of PoFA 2012 in which they will respond to Devere with the details of the hirer (you) plus additional documentation.
In turn, Devere will issue you with a Notice to Hirer which must include the additional documentation in order to make you - the hirer - responsible.
Do not identify the driver (you haven’t).
Appeal to Devere on receipt of the NtH that they fail to hold the hirer liable (they won’t include the required documentation because nobody does) and they will reject your appeal “after careful consideration” but you will take this to POPLA (if applicable) or let them take you to court where they will lose.
Thanks for the response - incredibly informative. The Hirer is my employer whereby the Driver was using the car as it is effectively a "pool car", so the Driver wasn't the Hirer - Not sure if this makes a difference?
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Devere will provide a POPLA code when they reject your appeal, they are BPA members.
See Schedule 4, Sections 13 & 14 of PoFA 2012 at https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/paragraph/13
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Ensure that the registered keeper is up to speed with the requirements of PoFA 2012 in which they will respond to Devere with the details of the hirer (you) plus additional documentation.
In turn, Devere will issue you with a Notice to Hirer which must include the additional documentation in order to make you - the hirer - responsible.
Do not identify the driver (you haven’t).
Appeal to Devere on receipt of the NtH that they fail to hold the hirer liable (they won’t include the required documentation because nobody does) and they will reject your appeal “after careful consideration” but you will take this to POPLA (if applicable) or let them take you to court where they will lose.
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On the 9th May at approximately 11pm, the Driver parked at Carters Quay, Poole (outlined in red on the image) Location of Vehicle (https://imgur.com/a/bQwakSM). At approximately, 9:30am the Driver left the Property and found a Parking Charge Notice Parking Charge Notice (https://imgur.com/a/jOGsWDO). The parking charge notice provided evidence at the Devere Website attached Devere Evidence (https://imgur.com/a/EeTvvXv)
The Driver was in possession of a visitors permit, but didn’t display it. The Vehicle in question is a lease car used as a pool vehicle, who's registered keeper is a company and many people are able to use it.
The Driver would like to ascertain whether the notice has been correctly issued to ascertain whether they should challenge it.
Notwithstanding the above, the Driver notes that the BPA Code of Practice as amended in June 2024, clearly outlines within Paragraph 8.1.1 that the parking operator must not serve a notice which implies that they are a statutory authority. Clearly, the parking notice issued, looks to mimic/ replicate those that the local authority issue.
The parking operator must not serve a notice or include material on its website which in its design and/or language:
a) implies or would cause the recipient to infer statutory authority where none exists;
b) deliberately resembles a public authority civil enforcement penalty charge notice;
c) uses prohibited terminology as set out in Annex E; or
d) state the keeper is liable under the Protection of Freedoms Act 2012 where they cannot be held liable.