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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
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)
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.