Free Traffic Legal Advice

Advice needed please…

On 31st Aug 2023, a hire car overstayed by 20 mins due to foolishly not remembering exactly where they had parked in a large retail park (and not remembering exactly which shade of grey the hire car was! )

The PCN (dated 5/9/23) was sent to the Hire Company who then emailed the hirer on 22/9/23 to notify them that they had requested the PCN to be re-issued to the hirer. They attached a copy of the PCN, plus a copy of the hire agreement to the bottom of the email.

Today, 1st November 2023, the hirer received via post the re-issued penalty notice (dated 26/10/2023)from UKPA but there were no copies of the hire agreement enclosed. From reading the info on the POFA 2012 and various posts I understand that this does not follow correct procedure and the POPLA would always uphold any appeals on this basis. Is this correct? (or do the attached copies that were sent from the Hire Company count?)

I understand that to appeal to POPLA, an appeal first needs to be submitted to UKPA? But I am confused by the timing of it - there is talk of waiting for 20 days etc…? And also, when appealing to UKPA, would a person use the fact the hire document was not included as the basis of the appeal? Is that why people wait, so there is then insufficient time to forward the necessary documents?

I think I understand the principles but would really appreciate any guidance as to how the hirer should proceed with this.

Many thanks

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