Yes please if you think its worth a shot. Thankyou
Depends what you mean by 'worth a shot' - it's unlikely to affect their approach at all, but you may feel it's worth responding all the same. Otherwise, you could legitimately ignore it and wait for them to proceed to claim - you've set out your position quite clearly.
Also the original notice was sent to lease company and not to our company so never benefitted from their initial appeal period
This is standard - they don't know who the hirer is until the lease company tell them, so could only send the original notice to them as the registered keeper.
If you are wanting to respond, perhaps something along these lines...
Dear Sirs
We note your comments about our inability to appeal the charge at this stage. We are not seeking to appeal the charge, but to respond to your Letter of Claim to set out why we are not liable for the alleged charge, and to make clear that we intend to rigorously defend any claim, on the grounds we have already explained.
In support of your claims, you have provided copies of the notices issued to our company. We note that despite your claims to the contrary, the Notice to Hirer does not contain the information required by sub-paragraph 14(5) of Schedule 4 of the Protection of Freedoms Act in the specified format. As an example, you have failed to include the warning required by 14(5)(c) of the Act. In addition to this, you failed to provide the following documents specified by 13(2) of the act:
- 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
Sub-paragraph 14(2)(a) of PoFA makes clear that these documents must be supplied 'alongside' the Notice to Hirer. It is clear from the correspondence we have received, and indeed your own evidence provided most recently, that you have failed to do this, and that as such you cannot recover the charges from us as the hirer.
We deny liability for this alleged charge, and will thoroughly defend any claim brought against us. We trust this clarifies our position.
Yours...