Free Traffic Legal Advice

Dear Sirs

We note your comments about our inability to appeal the charge at this stage. We are not seeking to appeal the charge, but to respond to your Letter of Claim to set out why we are not liable for the alleged charge, and to make clear that we intend to rigorously defend any claim, on the grounds we have already explained.

In support of your claims, you have provided copies of the notices issued to our company. We note that despite your claims to the contrary, the Notice to Hirer does not contain the information required by sub-paragraph 14(5) of Schedule 4 of the Protection of Freedoms Act in the specified format. As an example, you have failed to include the warning required by 14(5)(c) of the Act. In addition to this, you failed to provide the following documents specified by 13(2) of the act:

• 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;
• a copy of the hire agreement;
• a copy of a statement of liability signed by the hirer under that hire agreement

Sub-paragraph 14(2)(a) of PoFA makes clear that these documents must be supplied 'alongside' the Notice to Hirer. It is clear from the correspondence we have received, and indeed your own evidence provided most recently, that you have failed to do this, and that as such you cannot recover the charges from us as the hirer.

We deny liability for this alleged charge, and will thoroughly defend any claim brought against us. We trust this clarifies our position.

Yours...