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Help with ticket
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Hi all,

I'm not disabled but my partner was having a low blood pressure episode so we quickly threw the car in the empty bay and grabbed something to help raise the levels. I was probably away from the car for 5 mins max. I normally stay away from disabled bays but for me it was an emergency, I'm happy to pay the fine every time as she comes first in my eyes. There were no signs behind the bay which stated it any terms and conditions. They have added a picture in of the T&Cs which is awfully high up to read. Any advice/help?

PS I've attached the fine.

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Re: Help with ticket
« Reply #1 on: »
The parking charge notice you have uploaded is seemingly addressed to a company (Tusker Direct) not you. Is this a lease car?

If the notice is not addressed to you, then it is not for you to deal with currently, but instead it is for the company to deal with. What they should do (and you should contact them to make sure they do) is follow the instructions on the back of the notice for nominating you as the hirer of the vehicle. When they do this you'll receive a notice in your own name, which we can advise on appealing.
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Re: Help with ticket
« Reply #2 on: »
It is a lease, the fine will come directly out of my pay. It is up to me to respond whether I'm appealing or accepting the fine.
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Re: Help with ticket
« Reply #3 on: »
What “fine”? I will give you £100 for every occurrence of the word “fine”:or “ penalty” you can show us in the correspondence from Premier Park.

It is obvious that Tusker have forwarded you their copy of the Notice to Keeper (NtK) but you have not shown us what other correspondence they sent you with that. Show us.

You have a “golden ticket” if you do not screw this up by blabbing the drivers identity. Neither Tusker not the parking operator have any idea who the driver is. The only known factor is that you (I’m assuming) are the Hirer of the vehicle. The Hirer and the driver are two separate legal entities and there is no legal obligation on the Hirer to identify the driver to an unregulated private parking company, who are not an authority of any kind that is able to issue “fines” or “penalties”.

What has been issued is is a speculative invoice for an alleged breach of contract by the driver. No offence has been committed. If Tusker has mentioned anything about an “offence” or a “fine” in their correspondence to you about this, then they are wrong, especially if they threaten to pay it without giving you the opportunity to appeal a simple invoice.

All Tusker has to do is transfer liability to you as the Hirer and is documented on that copy of the Notice to Keeper (NtK) you have received. Once they have done that, they are no longer liable and the parking operator cannot come back to them. They are required to then issue a Notice to Hirer (NtH) in your name and you can deal with this very easily, if you follow our advice.

I have yet to see any private parking operator issue an NtH that complies with PoFA which can hold the Hirer liable, as long as the Hirer does not proverbially blow both feet off with a single shot by blabbing the drivers identity, inadvertently or otherwise.

So, please show us what Tusker sent you together with that copy of the NtK. Also, have a close look at your lease agreement and tell us exactly what it says about private parking charges. It is not a fine or a penalty so stop calling it that.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Help with ticket
« Reply #4 on: »
Quote from: b789 on May 13, 2025, 01:22:12 pm
What “fine”? I will give you £100 for every occurrence of the word “fine”:or “ penalty” you can show us in the correspondence from Premier Park.

It is obvious that Tusker have forwarded you their copy of the Notice to Keeper (NtK) but you have not shown us what other correspondence they sent you with that. Show us.

You have a “golden ticket” if you do not screw this up by blabbing the drivers identity. Neither Tusker not the parking operator have any idea who the driver is. The only known factor is that you (I’m assuming) are the Hirer of the vehicle. The Hirer and the driver are two separate legal entities and there is no legal obligation on the Hirer to identify the driver to an unregulated private parking company, who are not an authority of any kind that is able to issue “fines” or “penalties”.

What has been issued is is a speculative invoice for an alleged breach of contract by the driver. No offence has been committed. If Tusker has mentioned anything about an “offence” or a “fine” in their correspondence to you about this, then they are wrong, especially if they threaten to pay it without giving you the opportunity to appeal a simple invoice.

All Tusker has to do is transfer liability to you as the Hirer and is documented on that copy of the Notice to Keeper (NtK) you have received. Once they have done that, they are no longer liable and the parking operator cannot come back to them. They are required to then issue a Notice to Hirer (NtH) in your name and you can deal with this very easily, if you follow our advice.

I have yet to see any private parking operator issue an NtH that complies with PoFA which can hold the Hirer liable, as long as the Hirer does not proverbially blow both feet off with a single shot by blabbing the drivers identity, inadvertently or otherwise.

So, please show us what Tusker sent you together with that copy of the NtK. Also, have a close look at your lease agreement and tell us exactly what it says about private parking charges. It is not a fine or a penalty so stop calling it that.



I have attached all correspondence from Tusker.

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Re: Help with ticket
« Reply #5 on: »
As expected. You are dealing with feckwit morons at Tusker. You should write to them and inform them that they have misinterpreted the law when they say:

Quote
For Private Parking notifications only (Parking Charge Notice), please see the additional information below.

The legislation has changed. To read more about this within The Protection of Freedoms Act 2012, please log onto http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted.

The changes mean that Tuskerdirect Limited as the registered keeper can be held liable for these charges if you take no action.

In the event we receive a second notification from a Private Parking Operator for the same offence, we will pay the outstanding amount and recharge this amount to you. Please note this additional step may incur a further administration fee as set out in the terms and conditions of your contract.

Point out that as long as they have transferred liability as per paragraph 13 of PoFA, they can no longer be liable for the charge and their suggestion that they could still be held liable for the charge if you, the Hirer, take no action, is mendacious and not possible under the Act.

Therefore, they have misrepresented the law when they included that bit in their letter.

Anyway, the important bit for you to take note of now is this piece in their letter:

Quote
We have given your details to the relevant authority transferring liability of this offence to you. The authority will now contact you directly.

Again, ignoring the fact that they have used the terms "authority" and "offence", which shows an utter lack of competence within their team, you now have to wait until you receive an NtH in your name before you can do anything else.

For now, write to them and point out their ignorance of the law in relation to their liability if they have complied with paragraph 13 of PoFA.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Help with ticket
« Reply #6 on: »
Hi,

I've received the NtH today, it is dated 14th May, our post has always been slow on our estate.

Could you recommend advice on how to appeal please?
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Re: Help with ticket
« Reply #7 on: »
Show us the NtH, both sides.

Did it include copies of these document?

• 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; and

• a copy of the original Notice to Keeper (NtK)
« Last Edit: May 28, 2025, 04:19:54 pm by b789 »
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Help with ticket
« Reply #8 on: »
Quote from: b789 on May 28, 2025, 04:18:12 pm
Show us the NtH, both sides.

Did it include copies of these document?

• 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; and

• a copy of the original Notice to Keeper (NtK)

As requested,

Thank you

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Re: Help with ticket
« Reply #9 on: »
Quote from: PurpleLackey on May 28, 2025, 04:25:25 pm
As requested,
Well, half of what was requested... did you receive the documents b789 asked about?
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Re: Help with ticket
« Reply #10 on: »
Quote from: PurpleLackey on May 28, 2025, 04:25:25 pm
Quote from: b789 on May 28, 2025, 04:18:12 pm
Show us the NtH, both sides.

Did it include copies of these document?

• 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; and

• a copy of the original Notice to Keeper (NtK)

As requested,

Thank you


This is all that was received in the post
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Re: Help with ticket
« Reply #11 on: »
Doesn't really matter. The NtH is not relying on PoFA and clearly states that they are only pursuing the driver. As the Hirer is under no legal obligation to identify the driver, all the POPLA appeal needs to show is that PoFA is not invoked.

For the POPLA appeal simply state that the operator is not relying on the provisions of PoFA to hold the Hirer liable and the appellant declines to identify the drover, as is their lawful right. The operator has provided no evidence to show that the person they are pursuing is thew driver.

I would really keep it as simple as that:

Quote
I am the Hirer of the vehicle. The Notice to Hirer does not invoke the provisions of Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) and expressly states that the operator is pursuing the driver only.

The final paragraph of the Notice to Hirer confirms this position:

"You are advised that if, after the period of 21 days beginning with the day after that on which this notice is given – the amount of the unpaid parking charge specified in this notice has not been paid in full, we will have the right to recover the parking charge amount that remains unpaid from the driver of the vehicle."

I decline to identify the driver, as is my lawful right. The operator has provided no evidence that I was the driver and therefore has no lawful basis to pursue me as the Hirer.

There can be no inference or presumption that the Hirer/Keeper is the driver, as confirmed by persuasive case law in VCS v Edward (2023) [HOKF6C9C].

The appeal must therefore be allowed.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Re: Help with ticket
« Reply #12 on: »
Hi,

Ive had the appeal rejected with the attached email.

Hoping for further advice

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Re: Help with ticket
« Reply #13 on: »
You have 2 choices, pay the outstanding invoice, the driver did breach the carpark rules, or ignore it.

It is in the hands of the parking company now. You will probably get loads of letters from debt collectors which can be ignored. If / when you get a letter of claim come back here for more advice.
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Re: Help with ticket
« Reply #14 on: »
why would you suggest the OP pays????
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Mick, you are a very, very bad man
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