Letter only from hire company - Advice needed please

Hasslehogg

Hi guys

Just want to give you an update, I am happy to say i received an email from popla stating PE have dropped the case ans we have won

I cannot thank everyone enough, especially Edna & Coupon mad, thanks you so much for all your help

Coupon-mad

Brilliant!

Edna_Basher

Excellent - well done Hasslehogg.

I see that ParkingEye couldn't even be bothered to put up a fight.

System

I cannot thank everyone enough, especially Edna & Coupon mad, thanks you so much for all your help

+1

Just think the havoc any offspring of these two would have.

Mr_Stroopwafel

Edna_Basher wrote: »

Hirer liability is covered under Paragraphs 13 and 14 of Scheduled 4 of the Protection of Freedoms Act 2012 ("POFA"). In order to be able to claim unpaid parking charges from the hirer, ParkingEye must deliver a compliant Notice to Hirer within a relevant period of 21 days starting with the day after the lease company transferred liability to the hirer.

For the time being, all you need to do is wait patiently for ParkingEye's Notice to Hirer to arrive sometime before 23/2/16..

If a hirer receives a windscreen notice (not that this means they were driving) and appeals early as the hirer so as not to involve the rental company...When does the clock start ticking for them to deliver a compliant Notice to Hirer in that case?

Edna_Basher

In these circumstances, the best thing a hirer can do is appeal the windscreen ticket as the vehicle's "keeper" rather than "hirer". This avoids the PPC becoming aware that the vehicle is registered to a lease company.

Mr_Stroopwafel

Edna_Basher wrote: »

In these circumstances, the best thing a hirer can do is appeal the windscreen ticket as the vehicle's "keeper" rather than "hirer". This avoids the PPC becoming aware that the vehicle is registered to a lease company.

Thank you for the reply - I would really appreciate it if you could advise on my situation below as I'm getting slightly confused, and thought I was following the newbie thread advice when I appealed early as hirer to hook the PPC away from the lease company.

• Vehicle had a windscreen PCN
• Vehicle was hired in my name
• Appealed early to PPC as per newbie thread advice as the hirer
• Appeal rejected and now I am at the POPLA stage but I'm not clear if I should wait a while longer

Not had an Ntk or anything like that yet, but should I have one since I've appealed early? I know the timescale is 28 days from when they get keeper details from DVLA, but I'm confused as to what the timescale in my situation? (when I have appealed early as hirer)

As I understand it PoFA 2012 requires the lease company to send certain documents to pass on liability to the hirer - which they haven't done since they won't have been contacted, as I appealed initially as the hirer.

So they have my details as hirer/registered keeper, should I be expecting something soon?

I have my POPLA draft almost complete, just need to clarify this point.

Coupon-mad

To hold a hirer/lessee liable they have to follow 13/14 of the POFA Schedule 4. To hold a keeper liable they have to follow para 8 (windscreen PCN followed by a compliant NTK) or para 9 (in cases with just a postal Notice only).

In your case you can say in your POPLA appeal you have ID'd yourself as the hirer which makes you the 'keeper' for POFA purposes. The driver has never been identified and there is no presumption in law that the keeper is necessarily the driver and no such assumption can be made by POPLA nor a parking firm as regards an appellant being held 'liable' if the driver is not established.

Have a search of the forum for 'presumption Henry Greenslade' to find the wording you want for that part of your POPLA appeal.