Free Traffic Legal Advice

I have already made my appeal and got rejected so this is my appeal to IAS.
Ground 1: Failure to Comply with Schedule 4 of the Protection of Freedoms Act 2012 (Late Delivery)

The operator has failed to meet the strict requirements of Schedule 4 in order to transfer liability to the keeper/hirer.

The alleged contravention occurred on 27/02/2026. Therefore, the Notice to Keeper/Hirer was required to be delivered within 14 days, i.e. by 13/03/2026.

The notice was not received until 18/03/2026, which is outside the relevant period.

Whilst the operator states the notice was issued on 10/03/2026, PoFA is clear that the requirement is for delivery, not issuance. The operator has provided no evidence that the notice was delivered within the statutory timeframe.

Accordingly, the operator has failed to establish keeper/hirer liability.

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Ground 2: Presumption of Service Not Satisfied (Postage Issue)

Under the Interpretation Act 1978, a notice is presumed served two working days after posting, unless the contrary is proven.

Even if the notice had been posted on 10/03/2026, deemed service would be 12/03/2026 at the earliest.

However, the notice was actually received on 18/03/2026, clearly rebutting any presumption of service.

Furthermore, the operator used a third-party mail provider (The Delivery Group), where delivery times are not guaranteed. The operator has provided no proof of posting date or delivery date, and therefore cannot rely on presumed service.

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Ground 3: Failure to Comply with Hire Vehicle Requirements (PoFA Paragraph 14)

As this is a hire/Motability vehicle, the operator must comply with Paragraph 14(2)(a) of Schedule 4.

This requires the operator to provide:
   •   A copy of the hire agreement
   •   A statement of liability signed by the hirer

These documents were not provided with the Notice to Hirer.

This is a mandatory requirement, and failure to include these documents means the operator cannot transfer liability to the hirer under any circumstances.

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Ground 4: No Driver Identified

The operator has not identified the driver.

I confirm that I was not the driver, and I am under no legal obligation to name the driver.

As the operator has failed to comply with the requirements of Schedule 4, they cannot pursue the keeper/hirer, and must instead pursue the driver, whom they have not identified.

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Ground 5: No Notice to Driver Issued

No Notice to Driver (windscreen ticket) was affixed to the vehicle at the time of the alleged contravention.

Therefore, the operator is required to fully comply with the 14-day delivery requirement under Schedule 4, which they have failed to do