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Hire van and CEL ...

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Comments

  • Crumble_
    Crumble_ Posts: 59 Forumite
    Will they still have to prove the driver?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    not if they followed POFA2012

    yes if they failed POFA2012 , OR if they can persuade a judge on the balance of probabilities who was likely to be driving

    there is no black and white answer, as we dont have all the facts

    in a nutshell, if the PPC followed POFA2012 guidelines , then that 6 year old law makes the keeper/hirer/lessee liable for the actions of the driver

    if they failed POFA2012, the keeper/hirer/lessee is not liable

    hence why POFA2012 compliance is so important for them , and why not blabbing about who was driving is equally important
  • Crumble_
    Crumble_ Posts: 59 Forumite
    That’s great thanks. A visit to the hire company is in order
  • Coupon-mad
    Coupon-mad Posts: 155,566 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They will not have followed the POFA, it's CEL.

    Just use the example CEL defence linked in the NEWBIES thread post #2. You could amend it to say you were the hirer/lessee of the vehicle, every time the usual CEL defence says 'registered keeper' replace that. No more tweaking needed, CEL are a cinch to blow over.
    Will they still have to prove the driver?
    Yes. But you will know from reading all the other CEL threads you've read by now, that this doesn't happen. You know what will/won't happen (if you don't, read other CEL defence threads!).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Crumble_
    Crumble_ Posts: 59 Forumite
    edited 23 April 2018 at 10:09AM
    Spoke with the councillor. The firm did not have planning permission for the cameras. The firm still do not have planning permission for the signs now!

    The hire company have correctly passed my details on however the PCN was not issued until 26 days after the event.
  • Crumble_
    Crumble_ Posts: 59 Forumite
    edited 23 April 2018 at 10:23AM
    I have got copies of when the PCN was issued and will have planning permission documents aswell. Should I attach these in my defence letter or wait for court ....?!
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    NO
    Follow NEWBIES THREAD, POST 2, as you should have found by now
    That tells you waht you do and when.

    Neither option you gave is the correct one, as yo uwill find out.

    Again, GET YOUR CEL DEFENCE here. This is SO easy
    Also btw planning permission and advertising consent arent greatly important.
  • Crumble_
    Crumble_ Posts: 59 Forumite
    Rodger. The council have started action against the firm for the signs though luckily.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Good to hear
    Advertising consent is one as well, as thats a criminal offence.
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