Author Topic: Universal Parking Enforcement - Passenger or Driver left the premises whilst vehicle parked on site - DUNSTABLE ROAD LU4  (Read 2773 times)

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There’s a “they” missing from the text in one place
Well-spotted. Amended above.

Dear All,

Quick update on the situation, I appealed (as per instructions) to the IAS and now Operator has responded with these documents.

I’ve removed all personal details from the Transfer of Liability notices. Could you please look through everything, especially the “CCTV Footage and Response” documents for both appeals and let me know what you think the next steps should be? I’m not sure whether I should send anything further at this stage or just move straight to arbitration.

As I mentioned before, I was expecting more PCNs because there were several visits to this location up until the first week of January. The hirer told me last night that another notice has arrived (again, hirer was not the driver but present in the vehicle in all occasions). This one relates to an incident that happened two days earlier than the previous PCNs, so I’m not sure why it took them over six weeks to send it out. I’m wondering if that delay helps our case in any way.

I’ll probably receive the actual PCN in a week or two. In the meantime, I’m unsure whether to follow the same process as the earlier ones or just pay this one, especially if more are still on the way.

To be honest, I’m getting a bit anxious about how many more might show up and what could happen if this ends up going to court. Any guidance on how to handle this without letting it spiral would be really appreciated.

Best Regards
A

Nothing to worry about.

The operator has basically admitted that they didn't send you the required documents.

You maybe able to comment on the operators submission.

Something short and along the lines of;


Comments on the operators evidence.

The operator appears to confirm that they haven't complied with the precise mandatory requirements of PoFA in order to transfer liability from the unknown driver to the hirer - the specified documents where never sent to me and therefore the operator has not met the requirements of Schedule 4 Paragraph 14(2)(a).

The operator clearly suggests that I should have obtained the required documents through other means if I needed them - however, the legislation makes it very clear that the operator MUST include copies of the required documents with their NtH - supplying the documents either separately and/or at a later date does not meet the requirements of the wording set out in Schedule 4 of PoFA - the NtH and copies of the documents must be served "together".

Furthermore, the operators own comments suggest that they are unsure of the correct statutory mechanism which PoFA Schedule 4 demands when transferring liability to a hirer.

In this instance I was not the driver and there is no legal requirement for me to nominate a driver.

Keeper liability is again denied since PoFA cannot be invoked by the operator.
« Last Edit: February 12, 2026, 04:18:53 pm by InterCity125 »