Hirer v Keeper / Driver

Adarve

Postal PCN sent to vehicle-hire firm. Vehicle-hire firm replies with correct documentation naming hirer.

POFA 2012 13(3)(a)
"contain a statement by the hirer to the effect that the hirer acknowledges responsibility for any parking charges that may be incurred with respect to the vehicle while it is hired to the hirer;"

Vehicle-hire documents do include this statement.

Is naming/not naming the driver relevant here? Or doesn't 13(3)(a) just shortcut the liability to the hirer (assuming above statement is in hire docs) so that driver identity doesn't matter in such a case?

Coupon-mad

No.

What you are missing is that the PPC has to include all the documents mentioned in 13/14 of the POFA, as enclosures with the NTH they send out. And all PPCs fail.

It is not just about what the hire firm sent to the PPC, it's about what the PPC fail to send to the hirer. So, DO NOT say who was driving in the appeal. Once you get your own PCN in the post, use Edna Basher's example appeals for hire/lease/company car drivers, which are shown in 3 links at the BOTTOM of the first post of the NEWBIES thread.

Which PPC?

The_Deep

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Adarve

Coupon-mad: am going through NTH enclosures now to check. PE.
The Deep: I've been reading the discussions here re complaining to MP over the past few days. Will do so.

Coupon-mad

P/Eye try to trick POPLA by including the hire paperwork in their evidence, and if they do, POPLA assume it WAS enclosed with the PCN. People have lost that way.

So if it were me, I would be priming everyone in the household NOT to open your post, please, until the PCN arrives in your name.

I know it sounds like madness but the best evidence for POPLA would be for a family member to video you opening the envelope (you can probably spot it a mile off when it comes) to PROVE that the PCN is the only enclosure, then both of you say out loud on the video ''look POPLA Assessor, ParkingEye do not send hire documents with their PCNs but the only way to prove this to you is to film the fully expected envelope being opened''.

Then use that video later at POPLA Stage, plus a witness statement signed by the other member of your household, stating that they were there and filming you when the PCN arrived and they can confirm that the video is a true record of the fact there were NO hire documents or original PCN enclosures as required by the POFA.

DO NOT let anyone open your post from next week on!

Once you get your own PCN in the post, and have filmed the 'grand opening' of the envelope(!) use Edna Basher's example appeals for hire/lease/company car drivers, which are shown in 3 links at the BOTTOM of the first post of the NEWBIES thread.

MistyZ

Coupon-mad wrote: »

I know it sounds like madness but the best evidence for POPLA would be for a family member to video you opening the envelope (you can probably spot it a mile off when it comes) to PROVE that the PCN is the only enclosure, then both of you say out loud on the video ''look POPLA Assessor, ParkingEye do not send hire documents with their PCNs but the only way to prove this to you is to film the fully expected envelope being opened''.

Then use that video later at POPLA Stage, plus a witness statement signed by the other member of your household, stating that they were there and filming you when the PCN

Sounds crazy but given how dense and inconsistent POPLA are, I'd do it. POPLA appeals take a fair bit of work so why not improve chances of success.

Coupon-mad

Yes, it's sad we have to suggest this but I read at least one case recently (probably in POPLA DECISIONS) where POPLA believed that P/Eye enclosed the documents, even though the appellant stated they had not.

The_Deep

Concentrate on the signage.

IMO, PE signs leave much to be desired. I doubt that many judges would agree that they are capable of forming a contract, read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading