Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Kbonner on October 24, 2023, 10:49:34 am
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Good result! Well done, and thanks for coming back to update us.
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Thank you very much for helping out with this PCN. It seems from their email, that they have cancelled the PCN. Great work and thanks again for your time.
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What am I actually contending? That they have provided a first letter or accompanying letter stating a need for the drivers details?
There's a link to Schedule 4 of the Protection of Freedoms Act in my signature at the bottom of each post. Have a read of the points I refer to in my template. If they want to hold you liable as hirer they have to comply with them. That includes a requirement to enclose certain additional documents, which they have not done.
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That would be very unusual, can you upload the back of the notice?
Phoning is not generally advised, but if you have to, don't provide any information on your case at all.
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Just checked. There are no addresses for appeals whatsoever, on the back of the letter. I have checked their website but nothing there, so I am now waiting on their customer service line, to get a postal address. I assume this is okay as long as I do not divulge any info firvthe planned appeal correct?
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Thank you for your assistance.
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If you are unable to appeal online you can appeal by post. Send it regular first class (not signed for/tracked etc.) but get a free certificate of posting from a post office.
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I have just gone onto their site with the PCN number and Reg plate and it says '' Sorry, we cannot find this ticket - please check the details you have provided are correct''.
Obviously due to the amount of time passed from alleged contravention, I would assume.
What should I do?
Thank you
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Thanks. Really appreciate you getting back. So, just so I know. What am I actually contending? That they have provided a first letter or accompanying letter stating a need for the drivers details?
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In which case, you could appeal along the lines of the below. Do so as the hirer, making sure not to identify the driver (if appealing online make sure there are no tick boxes/drop down menus that identify the driver).
To whom it may concern, I have received you Notice to Hirer [(PCN number)] for Vehicle Registration Mark [VRM]. I am appealing in my capacity as the hirer of the vehicle on the date of the event in question. There is no obligation for me to name the driver at the time and I will not be doing so. To hold me liable for the charge as the hirer of the vehicle, you must meet the conditions specified in Paragraph 14 of Schedule 4 of the Protection of Freedoms Act 2012 (“the Act”). I note from your correspondence that you have failed to meet these conditions. These failures include (but are not limited to): - A failure to serve a Notice to Hirer containing all the information required by 14(5) of the Act.
- A failure to include the additional documents mentioned by 13(2) of the Act.
As a result of this, you are unable to recover the specified charge from me, the hirer. As I do not have liability for this charge, I am unable to help you further with this matter. I therefore look forward to your confirmation that the charge has been cancelled. Yours faithfully,
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Thanks for the reply. The letter is addressed to me as I was the hirer on the date in question (I gave the taxi back to the renter around October 2022 so they must have passed my details on). I have not received any other correspondence whatsoever. Thanks
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From the photos it would appear that the driver may have stopped to allow passengers to alight. However, we possibly needn't get into that... It would appear that they have written to you as the hirer of the vehicle in question? Is the notice addressed to you? If so, did they send you anything else alongside this notice?
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PCN stopping on red route. Received this 1 year 7 months after alleged charge. No video footage received but wouldn't have stopped on red route unless there was a reason. What rights do I have please?
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