Free Traffic Legal Advice

So who's name and address was on the PCN you received ?  This is the first time you'v e mentioned that it is a lease car. Knowing whether a car is owned or is leased/hired is crucial for us to give advice.

Under the legislation, the owner of the vehicle as recorded on the V5C Registration Certificate for the vehicle has responsibility for payment or appealing, but hire and lease companies can submit reps that they are a hire/lease company, and pass on name and address of the hirer on the date of the alleged c ontravention. A second PCN is then served on that name and address and the first one cancelled.

I think the links to the PCN isn’t working I have uploaded them again:
https://imgpile.com/p/vNJ3k4t#Rjk8QIG
https://imgpile.com/p/vNJ3k4t#dQtCdRF
https://imgpile.com/p/vNJ3k4t#x16igph

The name and address was the leasing company (Hertz).

I understand what you have mentioned, I never got any information form the Hire company until 12/02 by email:

Dear Sir,

We have been notified of a traffic offence committed for the period during which the vehicle with registration xxxxxx  was in your possession.

Your details have been passed to the relevant authority and if you have not already done so, you will soon a Penalty Charge Notification directly from the authority addressed to you. At this point you can appeal the ticket directly with the authority if you so wish.

There are circumstances where the authority rejects our application to transfer liability to you; in which case, we will notify you once we receive the Notice. It is imperative that you deal with the Notice immediately upon receipt.

Please, note that if the fine fee has been increased at the time if this fine notification, don't pay the increased fee as this copy of the ticket is for information purposes only for you.

We transferred the liability of the fine to you within 28 days as per the rules. Hence, you should not pay the increased fee. We will advise you appeal to the local authority to return the fee to its original charge while explaining their rule.

As per the rental agreement, there is an administration fee of 20.00 per fine which is now paid on your account. Please find the attached copies of the fine and the invoice can be located on your app.

Please only reply to this email if you require assistance and ensure you follow the above instructions. If you haven’t followed the above instructions, then we are unable to assist you further.

Kind regards,
Hertz

Thank you for your reply. I will try do get a photo as soon as I can.

I don't know if anyone has come across this but any suggestions or help would be appreciated. I have emailed enquiries@lbhfparking.com.

Dear Sir/Madam,

I am writing regarding PCN Number xxxxxx (Car Registration: xxxxx, Date of Notice: 16/01/2026) issued by the London Borough of Hammersmith and Fulham.

I am currently on holiday with very limited internet access. I have only just checked my emails and saw correspondence from my rental company, dated 12 February 2026, informing me that a fine had been issued. I have attached a screenshot of their email for your reference.

As I have been away and without reliable internet access, I was unaware of this PCN. There has also been no one at my home with knowledge of this matter. Had I been aware of the notice earlier, I would have submitted an appeal immediately.
Upon attempting to log into the council’s website to review and appeal the PCN, I have unfortunately been unable to access the system. I have attached a screenshot showing the issue I encountered when trying to log in.

I have now noticed that the PCN charge has increased to £180 Given that I have only just become aware of the notice due to the circumstances explained above, I respectfully request that you consider resetting the case to the original amount and allowing me the opportunity to formally appeal.

I would be grateful for your understanding and assistance in this matter. Please let me know if you require any further information from me.

Hi, I have received a PCN dated 16th of January 2026 for a journey made RMV Sawley Rd Westbnd nr Jet Bloemfontein Rd (va). The contravention is 52M Failing to comply with a prohibition on certain types of vehicles(Motor Vehicles). The alleged contravention was detected by a Camera/Operator known as VA 147 and is supported by recorded video evidence. It was 22.25 at night and I've been using this route many times and the signage was unclear or inadequately so there's been a recent change to the regulation.

The Link to the fine: https://file.kiwi/7f8fea92#zXDWUnp0blSDQnhF3bWU7A

Could anyone please kindly suggests how do I avoid paying the PCN. Any reply will be highly appreciated.

Quote from: cp8759 on September 21, 2024, 11:25:08 am

Video:

https://www.youtube.com/watch?v=RIODpsqpWac

I can see an easy way out:



@mdar50743 virtually all adjudicators will allow an appeal based on the website not giving the statutory grounds of appeal, see rows 631 to 650 here.

If you wish to pursue this, just make a one-line representation saying that the contravention did not occur abd wait for the notice of rejection, an appeal can then be made to the tribunal. There's no point in adding anything of substance to the representations because the council will reject no matter what you say.

Make the representations online and keep a screenshot of the confirmation page.

Thank you so much @cp8759 that's very helpful.

I have got a reply from Ealing Council and they have rejected the appeal:

https://ibb.co/vhCnmNh

Please can you let me know how to proceed.

You've got to love "...gotten it." 

Thank you everyone. I will keep you updated and will let you know when I "gotten" whole of my refund 

Video:

https://www.youtube.com/watch?v=RIODpsqpWac

I can see an easy way out:



@mdar50743 virtually all adjudicators will allow an appeal based on the website not giving the statutory grounds of appeal, see rows 631 to 650 here.

If you wish to pursue this, just make a one-line representation saying that the contravention did not occur abd wait for the notice of rejection, an appeal can then be made to the tribunal. There's no point in adding anything of substance to the representations because the council will reject no matter what you say.

Make the representations online and keep a screenshot of the confirmation page.

Thank you so much @cp8759 that's very helpful.

Well, this is a bit damning for Hertz:

Quote

FINES, TOLLS AND OTHER CHARGES

You are responsible for all fines, road tolls, congestion charges and other similar charges (including parking fines or charges) incurred in relation to the vehicle during your rental. Some of these will be sent to us for payment, which we will pay and recover from you by way of reimbursement. Alternatively, we may be required to provide your details to the relevant authority or other third party, who will contact you directly.

Section 16:

Quote

By signing this rental agreement I agree that while the rental agreement is in force I will be liable as owner/hirer of the vehicle, or any replacement vehicle, for any fixed penalty offence, penalty charge notice, notice to owner, parking charge notice for that vehicle under s66 Road Traffic Offenders Act 1988, Schedule 6 Road Traffic Act 1991, Traffic Management Act 2004, Protection of Freedoms Act 2012 and any other relevant legislation.

The mention of both "parking charge notices" and the Protection of Freedoms Act (PoFA) in Section 16 of the agreement makes a significant difference. Here’s how it affects the situation:

PoFA Requirements:

Since Section 16 refers to both parking charge notices and PoFA, it acknowledges that Hertz must handle such notices in compliance with the Protection of Freedoms Act 2012. Under PoFA paragraph 13, if a parking charge notice is issued by a private parking company, Hertz has the option to transfer liability to the hirer (you), allowing you to take responsibility for the notice and, crucially, to appeal if necessary.

Failure to Follow PoFA:

Despite this reference to PoFA, Hertz did not follow the correct legal process outlined in PoFA paragraph 13. Instead of transferring liability to you as the hirer, which would have been the appropriate course of action, they directly paid the charge. This payment means that liability was admitted, effectively removing your ability to contest the charge or appeal it through proper channels.

Contractual Obligations Under PoFA:

By failing to comply with PoFA, Hertz has breached its own rental agreement. The agreement refers to PoFA, which outlines a clear legal mechanism for transferring liability in cases involving private parking charge notices. Hertz should have relied on this mechanism to transfer liability to you, rather than pay the charge themselves and then pass the cost on to you without giving you the chance to contest the charge.

No Obligation to Pay Immediately:

PoFA does not require Hertz to pay a private PCN immediately upon receiving it. Instead, they should have passed the notice to you, allowing you to respond or appeal within the 28-day period specified under PoFA. By paying the PCN directly, Hertz has deprived you of your legal rights under this Act.

Key Argument:

Since Hertz acknowledged PoFA in the agreement but failed to follow its procedures, they have breached both their contractual obligations and your legal rights under PoFA. Their payment of the PCN without transferring liability is a direct violation of the Act, and this action should never have taken place.

Here is a slightly amended version of the response you should be sending to Nisola:

Quote

Dear Nisola,

Your recent response regarding the payment of a private parking charge notice (PCN) demonstrates a severe misunderstanding of both the nature of the charge and Hertz’s contractual obligations under the hire agreement. I am truly astounded by Hertz’s total failure to comprehend the basic legal framework surrounding PCNs issued by private parking companies.

Let me clarify: a PCN issued by a private parking company is not a "fine" or "penalty" in any legal sense. It is an invoice for an alleged breach of contract. There is no "offence" involved, no "law" has been broken, and no statutory authority is involved. By paying this speculative invoice on my behalf, Hertz has accepted liability for a matter in which no liability existed on my part, and in doing so, has forfeited my right to appeal.

All Hertz had to do was transfer liability to me, the hirer, as required under PoFA paragraph 13. This simple action would have been the end of the matter as far as Hertz was concerned. Instead of following this straightforward process, you chose to pay the charge directly, removing my ability to appeal. This is a clear failure on Hertz’s part to comply with both PoFA and your own rental agreement.

Section 16 of your agreement explicitly mentions both "parking charge notices" and the Protection of Freedoms Act (PoFA). This clearly indicates that Hertz is aware of the requirements under PoFA, including the obligation to transfer liability to the hirer in the event of a private parking charge. By failing to transfer liability, Hertz has breached both the agreement and PoFA itself.

The nonsensical paragraph in your response is particularly infuriating: "Furthermore, to be a fair vendor, we send the fines across to you as soon as we get them so that you can appeal. You will be refunded for each appeal you win. So, anytime we send a fine you do not agree with, let us know and we will send you the appeal document. Unfortunately, we have to go through the process of sending the fines to you and you request for an appeal because we can't appeal on your behalf as you are the driver. We wouldn’t know what you were doing in the location where the driving law was broken."

This statement shows an utter lack of understanding. No "driving law" has been broken, no "fine" was issued, and Hertz had no obligation to pay a private parking invoice on my behalf. All you had to do was transfer the liability, which is both the legal requirement and the appropriate action under PoFA.

Furthermore, the British Vehicle Rental and Leasing Association (BVRLA) guidelines clearly distinguish between private parking charges and statutory penalties or fines. Your decision to pay this charge without transferring liability to me as the hirer is in direct contravention of these guidelines, further highlighting Hertz’s negligence in this matter.

Additionally, this action breaches the Consumer Rights Act (CRA) 2015. As mentioned previously, Section 62 prohibits terms that put consumers at an unfair disadvantage, and Section 57 prevents me from bearing costs I am not liable for under the agreement. You have extended the scope of the agreement beyond what was contractually agreed, and I am now holding Hertz liable for the money you have wrongfully charged me.

If you are still unable to comprehend the seriousness of this issue, I suggest you escalate this matter to your superiors or, if necessary, directly to Hertz's legal advisors. I will not hesitate to initiate litigation to recover the funds you have unlawfully taken from me, as well as any additional costs incurred.

This is my final request for a full refund of the amount Hertz wrongly paid on my behalf. I also demand that Hertz conduct an internal review to ensure this incompetence does not continue to affect other customers.

I expect a prompt and appropriate response.

Yours sincerely,

Thank you so much. I will send your reply to Hertz and report back if and when I get a reply.