Free Traffic Legal Advice

Hi all,

Looking for advice on a Parking Charge Notice (PCN) issued by Cumbria Parking Services.

Situation:

The driver entered the White Moss Lower car park near Ambleside in the Lake District in the late morning on 31 October 2024 and exited in the mid-afternoon, staying for just under 3 hours. According to the PCN, this exceeded the time that was paid for, though the notice doesn’t specify how much was paid or underpaid.

The vehicle was a hire car. I received a copy of the PCN after the parking company contacted the rental firm, who then passed my details on. I was the hirer, and I have not disclosed who the driver was, in line with the forum’s guidance.

I’ve now also received a debt collection letter from BW Legal, dated 21 March 2025, stating that they’ve been instructed regarding a balance of £170 (original charge + £70 “debt recovery” fee). The letter asks for payment or contact by 25 April 2025 and offers a pre-approved repayment plan. It does not appear to be a formal Letter of Claim. I have not responded to this letter, admitted liability, or made any payment.

Relationship to Vehicle:

I was the hirer of the vehicle at the time. I do not have the V5C, as the rental company is the registered keeper.

Documents:

I’ve attached a redacted copy of the PCN showing all dates and times, with personal details, PCN reference number, and registration number removed.

Next Steps:

I’d appreciate advice on:
1. Whether the PCN is POFA-compliant in the context of a hire vehicle
2. Whether I need to respond to the BW Legal letter at this stage
3. What my next move should be

Thanks in advance for your help!

Assuming not, read up more on PoFA and hirer liability for your defence if you get a Letter of Claim and small claims court documentation in due course.

If the PCN was not addressed to you, that’s to say it was just the PCN sent to the lease company and forwarded to you, it can only be for your information and you should wait for a Notice to Hirer addressed to you which needs to be accompanied by the specified documentation in order to make you - the hirer - liable.

If you had something addressed to you, which should be called a notice to hirer, then one of the documents that needs to accompany it is the original PCN, but that’s only necessary and not sufficient, so again without the other documentation you’re not liable, but it’d be worth appealing in response to the notice addressed to you on that basis. The appeal will be rejected but you’re advancing the process. In due course, if the parking company is a member of the BPA, an appeal to POPLA should kill it. If not, you’ll have to ignore empty threats for a while.

Clearly you can only appeal in response to a notice to hirer addressed to you.