If the Notice to Hirer was not accompanied by
(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;
(b)a copy of the hire agreement; and
(c)a copy of a statement of liability signed by the hirer under that hire agreement.
as well as a copy of the original Notice to Keeper then, if the driver is not identified, the hirer can not be liable.
Legislation at
An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric in...
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how is this please
I am the hirer of the vehicle and I dispute this Parking Charge Notice. I deny any liability or contractual agreement.
There will be no admission as to who was driving and no assumptions should be drawn. I am under no obligation to identify the driver and I will not be doing so.
As this is a hire vehicle, UK Parking Control can only transfer liability to me as hirer if it has fully complied with Schedule 4 of the Protection of Freedoms Act 2012, including paragraphs 13 and 14.
Your Notice to Hirer was not accompanied by the documents required under POFA Schedule 4, namely:
a statement signed by or on behalf of the vehicle-hire firm confirming that, at the material time, the vehicle was hired to a named person under a hire agreement;
a copy of the hire agreement; and
a copy of a statement of liability signed by the hirer under that hire agreement.
Paragraph 14 requires these documents to be provided alongside the Notice to Hirer. As they were not supplied, UK Parking Control has failed to comply with the strict requirements of POFA Schedule 4.
As a result, you cannot transfer liability to me as hirer. You may only pursue the driver, who has not been identified.
Please cancel this Parking Charge Notice.
If you reject this appeal, please provide a POPLA code and a full explanation of how you believe UK Parking Control has complied with POFA Schedule 4 paragraphs 13 and 14, including evidence that all mandatory hire documents were served with the Notice to Hirer.
