Free Traffic Legal Advice

Until your friend receives the PCN addressed to them, we won't know whether liability has been transferred. I doubt that Tusker transferred the liability correctly in the first place so, technically, they could still be liable under PoFA.

I certainly don't have any faith in the IAS to adjudicate fairly, no matter how obvious to us that there isn't a c case to answer.

Well, seeing as your friend appealed to CPM and their rejection response was:

"After careful consideration, it is unfortunate that I am writing to you today to advise that on this occasion, your appeal has been unsuccessful.
The decision to uphold your parking charge notice has been made on the following basis."

They have obviously accepted that your friend is liable, according to their terminology. As your friend cannot, in reality, be liable as they are neither the Hirer or the Registered Keeper, this is their defence.

As for appealing to the IAS, that is their choice. Personally I doubt they'd accept any argument but I would like to be proved wrong.

If they were ever stupid enough to try and take it to court, they wouldn't get far with it. Then again, you are dealing with intellectually malnourished vermin. It's going to be a wait and see game.

That’s much better. Re-read the PCN and note that only the driver is liable for the charge. Technically, the recipient isn’t the Hirer, their employer is. However, as previously mentioned, you are dealing with intellectually malnourished people.

It is not an NtH although it does state that the recipient has been named as the Hirer. As a PCN, CPMUK cannot rely on the provisions of PoFA to hold the recipient liable for the charge. They state throughout the PCN that only the driver is liable.

As they still have no idea who the driver is and the PCN offers 28 days from the day after the date the notice is given (Wednesday 6th November) to appeal it, your friend now has until Wednesday 4th December to submit the appeal.

Simply appeal as the Hirer (even though, technically, they are not) with the following:

Quote

I am the Hirer of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement.

As your Parking Charge Notice does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the Hirer of the vehicle liable for the charge. There will be no admission as to who was driving and no inference or assumptions can be drawn. CPMUK has relied on contract law allegations of breach against the driver only.

The Hirer cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your PCN can only hold the driver liable. CPMUK have no hope at IAS, so you are urged to save us both a complete waste of time and cancel the PCN.

Hopefully, this will finally be resolved if CPMUK accept defeat, although I highly doubt they will. This will then move on to IAS if your friend wants to bother with that kangaroo court.

I believe that the most likely outcome come is now going to be a claim which is easily defended and will, ultimately be discontinued, struck out or simply won.

Quote from: b789 on November 10, 2024, 06:51:44 am

That’s much better. Re-read the PCN and note that only the driver is liable for the charge. Technically, the recipient isn’t the Hirer, their employer is. However, as previously mentioned, you are dealing with intellectually malnourished people.

It is not an NtH although it does state that the recipient has been named as the Hirer. As a PCN, CPMUK cannot rely on the provisions of PoFA to hold the recipient liable for the charge. They state throughout the PCN that only the driver is liable.

As they still have no idea who the driver is and the PCN offers 28 days from the day after the date the notice is given (Wednesday 6th November) to appeal it, your friend now has until Wednesday 4th December to submit the appeal.

Simply appeal as the Hirer (even though, technically, they are not) with the following:

Quote

I am the Hirer of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement.

As your Parking Charge Notice does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the Hirer of the vehicle liable for the charge. There will be no admission as to who was driving and no inference or assumptions can be drawn. CPMUK has relied on contract law allegations of breach against the driver only.

The Hirer cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your PCN can only hold the driver liable. CPMUK have no hope at IAS, so you are urged to save us both a complete waste of time and cancel the PCN.

Hopefully, this will finally be resolved if CPMUK accept defeat, although I highly doubt they will. This will then move on to IAS if your friend wants to bother with that kangaroo court.

I believe that the most likely outcome come is now going to be a claim which is easily defended and will, ultimately be discontinued, struck out or simply won.

Although it says the appeal can be appealed but upon trying to appeal i am getting an error

"This PCN has already been appealed
Please contact us if you wish to enquire about this PCN"

I have taken a screenshot of this. Should i directly appeal to IAS saying that a new notice has been sent however my friend is unable to appeal?

I guess they can't create a new pcn reference number on their system. Could this be why they were reluctant to transfer liability?

Did you send it as a formal complaint? Use the words "formal complaint" as many times as you think necessary to get through their thick skulls that this is not an appeal.

The IAS is a farce and they are thieving bar-stewards if they think anyone who is getting advice here is going to waste £15 on them.