Free Traffic Legal Advice

'not parked correctly within the markings of the bay or space'

We sometimes see parking companies issuing 'outside of bay markings' tickets for marginal infringements, but they're not wrong here 

Anyway, as this is a hire van, you've almost certainly got a technical 'get out of jail' card. Did UKPC send you any other documents alongside the Notice to Hirer? In particular:

• a copy of the hire agreement
• 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

If they did not, you could appeal as the hirer (not identifying who was driving anywhere on the online form, choosing only options for 'hirer'), along the lines of the below:

Yes, it was the hirer that received the notice and that one page (front and back) is all that was received.

As expected - in which case an appeal with the wording in my other reply is a good first step.

As b789 notes they might reject (because they can), but POPLA should be more successful.

Under 'appeal reason' put 'Other'

If there's no option for 'hirer' (rather daft when they issue notices to hirers...) then select 'registered keeper'. The appeal I have suggested makes clear you are the hirer.

For belt and braces you could maybe include a line right at the start that says "As your appeal form does not include an option for 'hirer' I was forced to select 'Registered Keeper', however you should note I am appealing in my capacity as the hirer"

Any fee charged by Enterprise is a separate matter. To advise on that, we'd need to see the wording of your contract with them.

It's laughable how they are fishing for information they now need because of their own incompetence. You can simply ignore that letter and wait for their appeal rejection and a POPLA code or you could have a bit of fun with them and respond with the following, which actually gives them the chance to save their POPLA fee:

Dear Appeals Department,

Thank you for your letter dated 14 November 2024 regarding Parking Charge Reference [Reference]. Unless there is a competent adult there that can assist you, I will explain why I will not be acceding to your request for the "full name and address of the driver." Asking for information that I am under no legal obligation to provide is, to put it kindly, ambitious.

As I already pointed out in my original appeal, I am appealing as the Hirer of the vehicle, and Schedule 4 of the Protection of Freedoms Act 2012 does not require me to identify the driver. Attempting to hold me liable without UKPC fully complying with all the requirements of Paragraph 14 of Schedule 4 says a lot about what appears to be gross incompetence by your company. You might want to review the legislation to avoid similar errors in future.

Your failure to meet the statutory requirements, including the omission of key information and documents specified under Paragraphs 13(2) and 14(5), means that liability for this charge cannot be transferred to me as the Hirer. It seems you are now fishing for information in an attempt to correct these oversights. Sadly, for you, this isn't how the law works.

Additionally, should you choose to reject this appeal, you will be doing nothing more than confirming your own incompetence. I will immediately appeal to POPLA, where you have absolutely no chance of success due to your repeated failures to comply with the law. All you will achieve is wasting your money on the POPLA fee in the process.

I suggest that you consider passing this response to an adult who can actually deal with it properly and perhaps even comprehend why you have no hope at POPLA. Spouting Schedule 4 of the Protection of Freedoms Act is all very well, but it means absolutely nothing if you have not complied with all the statutory requirements. I recommend researching Paragraphs 13 and 14, doing your homework, and understanding why your Notice to Hirer is not compliant. Until then, your continued insistence on pursuing this matter borders on comedic and says a lot about the levels of intellect within UKPC.

Since the outcome here is obvious, I suggest saving us both time and effort by cancelling this parking charge immediately. Should the intellectual malnourishment prevail and you refuse, I look forward to receiving a POPLA code so an independent appeals assessor can confirm what you clearly cannot grasp.

Yours faithfully,

[Your Name]

They have taken some time but finally responded with:

Thank you for your recent correspondence in relation to parking charge reference *************.

To assist us in making a decision regarding your appeal, please confirm the full name and address of the driver to our Appeals Department within seven days of the date of this letter.

Schedule 4 of the Protection of Freedoms Act 2012 discusses the recovery of unpaid parking charges. It allows parking operators to hold the registered keeper liable to pay unpaid parking charges if the operator has not been provided the name and a serviceable address of the driver.

This information may be confirmed by submitting another appeal on our website at www.ukpcappeals.co.uk, or by post to the address overleaf. Please ensure that if writing to us by post that you include the parking charge reference number and vehicle registration.

Failure to provide this information will give us no alternative other than to make our final decision based on the previous information received. At this stage a POPLA verification code will be provided.

The parking charge has been placed on hold whilst under appeal and may be settled in full at the current PCN rate of £60.00.