Free Traffic Legal Advice

Good Afternoon,


Apologies in advance for a longish post.

• I've received a PCN (linked below) in connection with a hire car that was parked in a residential parking lot adjacent to a block of flats, one of which I rent and reside in.
• I have lived here for about 6 years now, spanning 6 rental agreements, and none of them make any reference to parking. When I first moved, there was a different parking management company and no requirement to display permits. Subsequently, Link parking got involved, there was change in signage (linked below), and a requirement to display permits came into effect. Link Parking, through Firstport, contacted residents and instructed that each flat was entitled to a resident permit and a guest permit. I received a resident permit, but did not receive a guest permit.
• Recently, circumstances meant an additional car had to be hired for a short period. As soon as the registration of the hired vehicle was known, both Firstport and the lettings agent were informed via email, so they could inform Link parking to add the reg to the whitelist. An out of office auto reply from the Firstport representative was received, containing a different email to contact - which was then contacted. No reply was received from the lettings agent.
• 4 (working) days later, a PCN was issued by Link Parking for "not displaying a valid permit."
• Both the lettings agent and Firstport have declined to get involved and have instructed to follow the appeals process, and I would be grateful for some guidance on if I have any additional grounds for appeal.
  

Many thanks in advance for your time.


PCN



Sign

If the PCN you posted is a Notice to Driver, posted on the car, then wait for a Notice to Hirer in the post in due course.
Your hire car company will receive a Notice to Keeper, to which they should respond by providing your details. They may mess this up, or they may charge for this.
When or if you receive a Notice to Hirer in your own name, you can respond. It is highly likely that it will not comply with the legislation required to transfer liability, because it is likely it will not be accompanied by the documents required to do so.

(a)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;

(b)a copy of the hire agreement; and

(c)a copy of a statement of liability signed by the hirer under that hire agreement.

See
In the likely absence of such documentation, and if the driver is not identified, you as the hirer can not be held liable for the actions of the unknown driver.

Many thanks RichardW & Jfollows for your replies.

<br>

What does the car hire agreement say about parking charges?

<br>

Extract here from the car hire agreement that I've signed:

I agree that while the rental agreement is in force I will be liable as owner/hirer of the vehicle, or any replacement vehicle, for any fixed penalty offence, penalty charge notice, notice to owner, parking charge notice for that vehicle under s66 Road Traffic Offenders Act 1988, Schedule 6 Road Traffic Act 1991, Traffic Management Act 2004, Protection of Freedoms Act 2012 and any other relevant legislation.

<br>

If the PCN you posted is a Notice to Driver, posted on the car, then wait for a Notice to Hirer in the post in due course.
Your hire car company will receive a Notice to Keeper, to which they should respond by providing your details. They may mess this up, or they may charge for this.
When or if you receive a Notice to Hirer in your own name, you can respond. It is highly likely that it will not comply with the legislation required to transfer liability, because it is likely it will not be accompanied by the documents required to do so.

Quote

(a)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;

(b)a copy of the hire agreement; and

(c)a copy of a statement of liability signed by the hirer under that hire agreement.

See

Protection of Freedoms Act 2012

An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric in...

legislation.gov.uk

In the likely absence of such documentation, and if the driver is not identified, you as the hirer can not be held liable for the actions of the unknown driver.

<br>

This was indeed an envelope left on the car. My apprehension was that if left until the Notice to Hirer stage, the hire company may decide to settle the PCN and pass the charge on to me adding their admin costs on top - and that I (as the hirer) might lose any recourse. I also wonder if in the unlikely event either Firstport or the lettings agent did get in touch with the parking company to advise them of the registration being associated with me, link parking could connect me with the car.

<br>

Also, unless your rental agreement was changed with your knowledge and agreement, it’s unlikely that you have a requirement to display a “permit” for parking in your allocated parking space or in the communal parking lot. The devil is in the detail, as always.

<br>

I have been signing new agreements every year, but they have not changed in that there continues to be no mention of parking in any of them.