Hello everyone, England
Recently recieved a notice to hirer for a parking charge. The fine is coming from UKPC (BPA member)
The fine is for overstaying by 30mins in a max stay 2hour Retail Park (I was working at a unit).
The Notice to Hirer contains pictures of the vehicle coming and going and the timestamps. The Notice was sent within 14 days (Although I havent seen it until 18 days later due to the christmas break. UKPC alleged that they have recieved a copy of hire agreement and a statement of liability from the leese company.
The Notice appears to have no faults and complies with POFA2012.
I have trawled through MSE forums and come to the conclusion that we have no leg to stand on but the worst outcome of appealing is having to pay the full amount anyway.
Is it likely that once I say;
As the registered keeper of the vehicle i hold no liability..etc...
They will give up?
Is this right and should I still dispute the fine and I am looking for advise on how the Popla appeal works and would go. Is it just a 3rd party appeal process?
The notice to hirer is only compliant with PoFA 2012 if
14(1)If—
(a)the creditor is by virtue of paragraph 13(2) unable to exercise the right to recover from the keeper any unpaid parking charges mentioned in the notice to keeper, and
(b)the conditions mentioned in sub-paragraph (2) below are met,
the creditor may recover those charges (so far as they remain unpaid) from the hirer.
(2)The conditions are that—
(a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper;
(b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed; and
(c)the vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.
and is accompanied by
(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.
UKPC saying that they have the documents, but then they don’t send them to you, is not good enough.
Note that the Notice to Hirer does
not need to be sent within 14 days; this requirement only exists for the Notice to Keeper, who is the hire company or even a leasing company. Obviously if the Notice to Hirer
is sent within 14 days then the Notice to Keeper will have been sent in time.
It’s not a “fine”.
There are plenty of NtH appeals on the forum if you search for them.
Jfollows thankyou for the reply.
So my understanding is i could appeal it with a template from MSE with jargon like the smallprint on signs isnt legible etc and then add on at the end, the NTH isnt POFA2012 compliant as you have not sent proof of the hire agreement and hirer responsibility etc..?
In this case I have actually managed to track down the landlord and they have squashed but im deep in the rabbithole now and have read a lot of legislation and no doubt ill be getting another one at some point.
Thanks in advance.
So my understanding is i could appeal it with a template from MSE with jargon like the smallprint on signs isnt legible etc and then add on at the end, the NTH isnt POFA2012 compliant as you have not sent proof of the hire agreement and hirer responsibility etc..?
Don't blindly use 'jargon' without understanding it and ensuring it is relevant to the case in question. A little knowledge is a dangerous thing.
In this case I have actually managed to track down the landlord and they have squashed
Do you have written confirmation of the same?