Free Traffic Legal Advice

Quote from: b789 on March 20, 2025, 01:08:48 pm

Why have you redacted all the dates and times on the NtH? No one can give proper advice if you redact all the crucial information. Leave ALL dates and times visible on the notices!!!!!!

I have no idea - in-case it gives anything away I guess

Subject: Re: Parking Charge Notice [Insert PCN Reference] – Response to your letter dated 2 April 2025

Dear ParkingEye,

Thank you for your most recent letter, the contents of which serve only to confirm that you have not read – or worse, have not understood – my original appeal.

Nowhere did I state that I was “not the driver.” I stated that I am the hirer of the vehicle. That is all you need to know. There is no legal obligation whatsoever—under statute or otherwise—for the Hirer to identify the driver to a private company such as yours. You are not a statutory authority, and the law does not grant you powers to demand such information. I further pointed out your statutory failings under Paragraph 14 of PoFA, which preclude you from pursuing the Hirer for this charge.

Instead of addressing the PoFA compliance issues I raised – such as your failure to include copies of all the documents required under Paragraph 13(2), or to serve a Notice to Hirer that satisfies Paragraph 14(5) – you have responded with a generic and irrelevant template letter demanding “evidence” that I have never been under any obligation to provide.

The law does not require me to assist you in correcting your procedural incompetence. Your legal right to recover this charge depends on strict compliance with the statutory conditions. You have not complied with them. That is the end of the matter.

I therefore repeat my expectation that you cancel this charge. If you decline to do so, then you must provide a POPLA code. I will not be entering into further debate about legal points you do not appear to understand.

Yours faithfully,

[Full name of Hirer]

Subject: Re: Parking Charge Notice [Insert PCN Reference] – Response to your letter dated 2 April 2025

Dear ParkingEye,

Thank you for your most recent letter, the contents of which serve only to confirm that you have not read – or worse, have not understood – my original appeal.

Nowhere did I state that I was “not the driver.” I stated that I am the hirer of the vehicle. That is all you need to know. There is no legal obligation whatsoever—under statute or otherwise—for the Hirer to identify the driver to a private company such as yours. You are not a statutory authority, and the law does not grant you powers to demand such information. I further pointed out your statutory failings under Paragraph 14 of PoFA, which preclude you from pursuing the Hirer for this charge.

For the avoidance of doubt, I was forced to select “I am not the driver” when using your deeply flawed online appeal portal, which does not allow an appeal to proceed unless one of your rigid categories is selected. This restriction is a textbook abuse of process. If you now intend to rely on that coerced selection to misrepresent my position, then you are being both dishonest and disingenuous. I made it absolutely clear in my original appeal that I do not admit to being the driver and I have never made such an admission. If you wish to play silly buggers by mischaracterising webform checkboxes instead of addressing the statutory defects in your Notice to Hirer, then I refer you to the answer given in Arkell v Pressdram (1971).

Instead of addressing the PoFA compliance issues I raised – such as your failure to include copies of all the documents required under Paragraph 13(2), or to serve a Notice to Hirer that satisfies Paragraph 14(5) – you have responded with a generic and irrelevant template letter demanding “evidence” that I have never been under any obligation to provide.

The law does not require me to assist you in correcting your procedural incompetence. Your legal right to recover this charge depends on strict compliance with the statutory conditions. You have not complied with them. That is the end of the matter.

I therefore repeat my expectation that you cancel this charge. If you decline to do so, then you must provide a POPLA code. I will not be entering into further debate about legal points you do not appear to understand.

Yours faithfully,

[Full name of Hirer]