Free Traffic Legal Advice

This notice is not addressed to you, it is addressed to the registered keeper.
You should wait for a Notice to Hirer addressed to you from CUP which will probably not comply with the requirements of the legislation to transfer liability to you, the hirer. Do not divulge the driver’s identity at any point.
Arval remains on the hook for this until they discharge their liability by informing CUP of the hirer’s details, along with other specific documentation which CUP should subsequently send to you.

In order to transfer liability, the notice to the registered keeper needs to be sent to arrive within 14 days. This clearly wasn’t, so Arval are also off the hook, and you have another appeal point.

Got it, ok will wait to get the Notice to Hirer, thanks

I appealed this PCN using the following text and received the below reply. What happens if I don't provide contact details of the driver?


Dear CUP Enforcement,

This is an appeal as the registered keeper of the vehicle with registration YD22 FVH for PCN no: 43477 issued on 30/04/2025. As the registered keeper I decline to identify the driver as I am under no legal obligation to do so to an unregulated private parking company.

Your Notice to Keeper (NtK) does not fully comply with all the requirements of the Protection of Freedoms Act 2012 Schedule 4 (PoFA) and therefore, you cannot transfer liability for the alleged charge to me, the keeper. Only the driver, who I decline to identify, can be responsible for any alleged debt.

I suggest you pursue the driver. Please cancel this PCN or issue me with a POPLA code where you can waste your money on an assessment where we both know you will lose as I am not the person liable for the charge.

Furthermore, I request that you provide the following:
- Details of your authority to issue this charge – including proof of landowner rights, contractual agreements, and compliance with the relevant regulations.
- Details of how this charge was calculated – demonstrating that it represents a genuine pre-estimate of loss rather than an arbitrary penalty.

If you fail to provide this information or cannot legally enforce the charge, I request that you cancel the PCN immediately. Should you choose to reject this appeal, I expect a valid POPLA (Parking on Private Land Appeals) reference number so I can escalate the matter independently.

I look forward to your prompt response and confirmation of cancellation.

Sincerely,

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Arval mentioned this with the initial message: "We have contacted the issuing authority on your behalf and have asked them to send the fine direct to you, at the 'hirer' address listed above. This is because in your leasing contract you are responsible for either paying the fine/penalty amount or appealing upon receipt from the authority." Since it was to be transferred to me anyway I thought of appealing but that's right I should have done it as hirer rather than registered keeper but nevertheless can CUP enforce this PCN if they cannot identify the driver?