Perranporth / Gladstones

nigelbb

yotmon wrote: »

I suppose it is possible/probable that it's a typo on Gladstone's behalf and should read July instead of June.

Given Gladstones famed incompetence this is possibly more likely than the hire company messing up the dates.

Herzlos

Yeah I'd put money in it being the claim is wrong and not the hire company. Gladstones do no fact/error checking at all.

nigelbb

Herzlos wrote: »

Yeah I'd put money in it being the claim is wrong and not the hire company. Gladstones do no fact/error checking at all.

The date of the alleged offence in the claim is 26th June & the OP states that he was on holiday in the last week of July.

It doesn't matter at this stage. If the claim has the wrong date then the OP still defends with the evidence that he was not the hirer at that date. Even if the claim is corrected or a new claim is submitted these hire car claims are easily defended as no PPC ever complies with POFA 2012 to transfer liability from driver to the Hirer. In particular they never send the hire documents as required by POFA.
The BPA CoP even tells their members what is required:-

Notices to Hirers
20.17 Following the issue of a Notice to Keeper, you may nd that the vehicle was hired at the time of the parking contravention for which you are seeking a parking charge. Instead of recovering payment from the keeper, you
will need to try to recover it from the hirer, by issuing a Notice to Hirer.
20.18 Schedule 4, paragraphs 13 and 14, of POFA 2012 sets out the strict terms under which the hirer may become liable instead of the keeper. These include that:
• you are given a signed statement from the vehicle-hire rm within 28 days of the Notice to Keeper, along with a copy of the hire agreement and a copy of a statement of liability signed by the hirer, and
• these statements contain the details set out in paragraph 13 of Schedule 4.
20.19 Your Notice to Hirer must satisfy the detailed requirements of paragraph 14, including:
• the contents you need to include in the Notice to Hirer – paragraph 14(5)
• the documents you must send with it – paragraphs 13(2) and 14(2)
• the methods of serving the Notice to Hirer – paragraph 14(6)
12
• the deadlines by which the Notice to Hirer must be served – paragraphs 14(2) and 14(3).

Check out the requirements in Schedule 4 of POFA 2012 which is contained in Appendix C of the BPA Ltd CoP http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2015_update_V6..pdf

Herzlos

Yeah, he should definitely be defending it based on the information that's been presented. If he can prove he wasn't the hirer on the date in question then it's game over for the PPC.

The_Deep

If the PPC is found to have wasted peoples' time then he should ask for costs for unreasonable behaviour in accordance with CPR 17.14(2)(g).

StaffsSW

I'm watching this one with interest...

The hire car wasn't a Peugeot 308 hired in the Telford area by any remote chance?

SSAU2016

Well, things took another interesting turn today - the hire company have confirmed in writing via email that not only was I not the hirer of the vehicle in June, but also that they have no record whatsoever on their system of this vehicle having ever received any fines / tickets etc, nor any such requests from them to supply Athens / Gladstones with the details of the hirer.

Really, really confused now.

Funny thing is - the ticket was for 26th June. Even if they meant July, I wasn't in Perranporth on the 26th July. Only time I was in Perranporth was the 29th July as I have pictures from the day on my phone.

Somebody has dropped a clanger on this one.

Hire company, Athens, Gladstones. All three look extremely incompetent to me.

beamerguy

SSAU2016 wrote: »

Well, things took another interesting turn today - the hire company have confirmed in writing via email that not only was I not the hirer of the vehicle in June, but also that they have no record whatsoever on their system of this vehicle having ever received any fines / tickets etc, nor any such requests from them to supply Athens / Gladstones with the details of the hirer.

Really, really confused now.

Funny thing is - the ticket was for 26th June. Even if they meant July, I wasn't in Perranporth on the 26th July. Only time I was in Perranporth was the 29th July as I have pictures from the day on my phone.

Somebody has dropped a clanger on this one.

Hire company, Athens, Gladstones. All three look extremely incompetent to me.

If that is the case, where did the PPC and Gladstones get your address from ??

The_Deep

It is very easy to get someone's address. Simply click on 192.com.

beamerguy

The_Deep wrote: »

It is very easy to get someone's address. Simply click on 192.com.

Not so with a hire car