-
Need some advice regarding this PCN received if you could help please:
https://imgur.com/a/ypukDIv
gmaps location:
Thanks -
-
Just to be sure, did you also receive ( )Quote
(a)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;
plus the notice to keeper sent to the hire company?
(b)a copy of the hire agreement; and
(c)a copy of a statement of liability signed by the hirer under that hire agreement.
No?
Then you appeal as hirer without identifying the driver that they have not complied with PoFA 2012 to transfer liability to you, the hirer.QuoteI am the hirer of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and will be making a formal complaint about this predatory and unfair charge to your client (the landowner).
They will reject your appeal, you can get the same treatment from the IAS, and will probably have to go through initial court paperwork before the case is discontinued, because they want to frighten you into paying up.
Your Notice to Hirer fails to comply with the strict requirements of Schedule 4 of the Protection of Freedoms Act 2012 (PoFA). Specifically, it was not accompanied by:
A copy of the Notice to Keeper
A copy of the hire agreement
A statement of liability signed by the hirer
Partial or substantial compliance is not sufficient. Because these documents were not included, you have no right under PoFA 2012 to transfer liability to the hirer.
There will be no admission as to the identity of the driver, and no assumptions or inferences can be made. You may not pursue the hirer under contract law without the proper legal basis to do so. -
-
Thanks, No this is all I received
Do I just literally say:
'I appeal because you have not complied with PoFA 2012 to transfer liability the hirer' ?
Ah have just seen the rest of your message 👍 -
Find local businesses, view maps and get driving directions in Google Maps.