Author Topic: Parkmaven Parking PCN – overstayed 26mins – Kingston Shopping Centre, Hull  (Read 192 times)

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The driver works for a company and has a lease car through the company. Part of driver's remit is to visit store branches. As they had never visited this store prior, the store manager emailed them to say parking is free for 2hrs. They parked for 1hr 56mins.

Unfortunately, the store manager was incorrect and parking is only free for 90mins, so 26mins over.

We have appealed to their company who states that in her T&C, they is responsible for any parking notices.

I have checked signage and it does state 90mins free. We have had a conversation about not relying on people's words and to check for themselves in future!

However, where do we stand with regards to this parking charge? Should we pay or do we appeal? The image shows the vehicle registration and a picture of them driving.







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You’ve obscured dates and times, which the READ THIS FIRST explicitly asks you not to, but in this case presumably no other documents were sent along with the Notice to Hirer, and therefore if the driver has not been identified, liability can not be transferred from the unknown driver to you, the hirer.

Quote
I am the hirer/keeper of vehicle [REG]. You have been passed my details as the hirer/keeper. This is not an admission as to the identity of the driver. I will not be naming the driver.

You cannot transfer liability because you have not complied with the Protection of Freedoms Act 2012, Schedule 4 for hire vehicles (paras 13–14). A valid Notice to Hirer must be accompanied by:

 1. a copy of the hire agreement
 2. a statement of liability signed by the hirer
 3. a copy of the original notice

These documents were not enclosed with your notice. Therefore there is no hirer/keeper liability and the charge must be cancelled.

Please cancel this charge. If you refuse, please supply a POPLA verification code.
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Sorry, i obscured those details in case they helped identify anything! Info below and thanks for the advice.


Quote
However, where do we stand with regards to this parking charge?
There is no 'we' - one person will be named on the Notice to Hirer, and it is that person who will need to deal with this. I don't say this to be pedantic - we see a lot of cases where someone tries to be helpful and sends off an appeal in their own name, despite not being the person to whom the charge is addressed, leading to complication.

The notice is addressed to the hirer of the vehicle. By default, the driver is liable for the charge, but Parkmaven have no idea who the driver was, so they have written to the hirer. If they want to recover the charges from the hirer, they need to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 (there's a link to it in my signature under this post). One of those requirements is that when they send the Notice to Hirer, they also send the following:
  • 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;
  • a copy of the hire agreement; and
  • a copy of a statement of liability signed by the hirer under that hire agreement.
Did Parkmaven send any of those documents with the Notice to Hirer, or just the Notice to Hirer? If they did not, the appeal jfollows suggests is a good first step, sent by the hirer, not identifying who was driving.

The intellectually malnourished idiots at ParkMaven have even stated in their NtH that they are relying on PoFA para 9, which is totally irrelevant for an NtH, as, has already been mentioned, they can only rely on PoFA paras 13 and 14 if they intend to try and hold the Hirer liable.

So long as the driver is not identified, they have no idea who the driver is. So what if they have an image of the driver, they still don’t know the identity of that person. There is no magical unicorn database they can input a photo into that will spew out the persons details.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Appeal has been submitted by the keeper.

I may be back! Thank you.
« Last Edit: December 17, 2025, 05:28:38 pm by ivrytwr1 »
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Well, that has shot someone in the foot!
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Ninja edit.

Cheers for the dumb comment - we're not all subject matter experts on this type of thing. I appreciate the advice and guidance, just not something we deal with daily.
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Yes, it should be the Keeper, not the driver don`t give them clues to help them in any appeal.
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Hi all and HNY :)

Just wanted to update this thread. We submitted as advised here and on 17 Dec 25, received the following reply:

Quote
We have received your request to appeal the parking charge xxxx issued to vehicle xxxx. The reason you have submitted for appeal is
I am the keeper of vehicle xxxx. You have been passed my details as the keeper. This is not an admission as to the identity of the driver. I will not be naming the driver. You cannot transfer liability because you have not complied with the Protection of Freedoms Act 2012, Schedule 4 for hire vehicles (paras 13–14). A valid Notice to Hirer must be accompanied by: 1. a copy of the hire agreement 2. a statement of liability signed by the hirer 3. a copy of the original noticeThese documents were not enclosed with your notice. Therefore there is no hirer/keeper liability and the charge must be cancelled. Please cancel this charge. If you refuse, please supply a POPLA verification code.

Your ticket has now been placed on hold while we review your appeal. You'll be notified of the outcome via email within 28 days, though it is usually much sooner than this.

It is now 13 Jan 26, and we still have heard nothing back (yet!)

Keep an eye on your spam folder and if you haven't received anything further after 28 days from the date of appeal, chase them.