Rental Car PCN Timelines & Rental Car Hirer Liability

Hilife

[FONT=&quot]Good day to you all,[/FONT]

[FONT=&quot]I have scanned the Newbie sticky and have made multiple notes. [/FONT]

[FONT=&quot]However, I am still unsure as to the legal requirements of [/FONT][FONT=&quot]PoFA 2012 relating to Timelines when the vehicle in question was a Rental Car and also Rental Car Hirer Liability – (see liability transcript below), so clarification is being sought.[/FONT]

[FONT=&quot]I am loathed to place too much unique data on this site, as I am conscious that it is viewed by those not interested in supporting my defence.[/FONT]

[FONT=&quot]My communications with a BPA PPC over a Private Land PCN are not going well, as neither side is accepting the arguments of the other, as such I suspect we will end up in court this side of Christmas.[/FONT]

[FONT=&quot]We are way past an independent POPLA appeal deadline process, so no longer an option.[/FONT]

[FONT=&quot]Background[/FONT]
[FONT=&quot]1. [/FONT][FONT=&quot]The Creditor (a PPC on Private Land) notes the use of ANPR at said location for the capture of vehicle details, although neither the PPC PCN NtK or the follow-on PCN NtD/H (As the vehicle in question was a Rental Car) make any mention of the Protection of Freedoms Act 2012 or Keeper Liability. Are these grounds for defence?[/FONT]

[FONT=&quot]2. [/FONT][FONT=&quot]The Creditor also notes that the Rental Company has named myself as the driver (I have admitted to being the Hirer, but NOT the Driver). However, the letter from the Rental Co. makes no such statement as to who the Driver was, just the Customer name on the Hire Agreement (Me). The Rental Co. also notes that a copy of the Hire Agreement has been included for reference to the PPC/Creditor, although the PPC has not provided me with a copy of the Rental Agreement in their possession in any communication. [/FONT]

[FONT=&quot]3. [/FONT][FONT=&quot]I believe the copy of the Rental Agreement they have is not signed, as even I do not have a signed copy for my records.[/FONT]

[FONT=&quot]4. [/FONT][FONT=&quot]RENTAL LIABILITY [/FONT][FONT=&quot]- Rental Agreement ‘Liability Statement’ wording as follows:[/FONT][FONT=&quot]
[/FONT]
[FONT=&quot]I hereby acknowledge that during the currency of the hiring agreement I shall be liable as the owner of the vehicle let to me thereunder in respect of:[/FONT][FONT=&quot]
[/FONT]
[FONT=&quot]a. [/FONT][FONT=&quot]Any Fixed Penalty offences or contravention in respect of that vehicle under Part III or Section 66 of Road Traffic Act 1988 including congestion charging and[/FONT][FONT=&quot]
[/FONT]
[FONT=&quot]b. [/FONT][FONT=&quot]Any excess parking charge which may incurred in respect of that vehicle in pursuance of an Order under section 45 and/or 46 of the Road Regulation Traffic Act 1984 (as amended)[/FONT][FONT=&quot]
[/FONT]
[FONT=&quot]c. [/FONT][FONT=&quot]Any Penalty Charge incurred under the Road Traffic Act 1991.[/FONT]

[FONT=&quot]So, to me the Rental Company has no grounds to forward on any Private land Parking Charge Notice to the Hirer i.a.w. [/FONT][FONT=&quot]PoFA 2012, as such neither does the Creditor have grounds to demand payment i.a.w. PoFA 2012[/FONT][FONT=&quot]…. Y/N?[/FONT][FONT=&quot]
[/FONT]
[FONT=&quot]PCN Timeline[/FONT]
[FONT=&quot]5. [/FONT][FONT=&quot]Date of Notice of PCN[/FONT][FONT=&quot] (sent to Registered Keeper - who happens to be a Rental Company) is dated 27 Days after alleged contravention - so does this fall outside of PoFA 2012 Para 9 (5) 14-day period beginning the day after parking period ended, therefore ‘No Keeper Liability…agreed?[/FONT][FONT=&quot]
[/FONT]
[FONT=&quot]6. [/FONT][FONT=&quot]Rental Company responds to [/FONT][FONT=&quot]Creditor[/FONT][FONT=&quot] with written details of Customer (Hirer, not Driver, as they do not know who the Driver was at the time of the incident) 41 days after alleged contravention and provide copy of Rental Agreement. [/FONT]

[FONT=&quot]7. [/FONT][FONT=&quot]Creditor[/FONT][FONT=&quot] then issues 2nd Parking Charge Notice (PCN Notice to Driver/Hirer) 49[/FONT][FONT=&quot] Days after alleged contravention and includes original PCN copy to Rental Company, citing Rental Company has named me as the Driver, but letter from Rental Company states no such thing, just name and address of The Customer. Clearly the PPC issues 2nd PCN postal notice within 21 days of notification by Rental Company of Hirer details, but as noted above, they take 27 days to issue Initial PCN NtK.[/FONT]

[FONT=&quot]Also, as the [/FONT][FONT=&quot]Creditor[/FONT][FONT=&quot] has used the services of ‘Third Party’s’ i.e. a Debt Recovery Co. and external Legal Representative to fight their claim, I am also demanding an Original Copy of the ‘Letter of Consent’ from DVLA to share my details with both Third Party companies i.a.w. the requirements of [/FONT][FONT=&quot]V888/3, Section 5 (sharing information with a Third Party). Is this wise or a waste of time?[/FONT]

[FONT=&quot]Finaly, I believe the IPC Code of Practice makes recommendations for Operator Grace Periods, in that ‘[/FONT][FONT=&quot]Drivers should be allowed a sufficient amount of time to park and read any signs so they may make an informed decision as to whether or not to remain on the site’ Etc. Is this correct and if so, must PPC’s clearly detail any Grace Periods at the car park for customers to note?[/FONT][FONT=&quot]
[/FONT]
[FONT=&quot]I would appreciate any advice or suggestions on offer.[/FONT][FONT=&quot]
[/FONT]
[FONT=&quot]Regards[/FONT][FONT=&quot]
[/FONT]
[FONT=&quot]Hilife[/FONT]

waamo

You talk about both the BPA code and the IPC code. The company is in one of the other, not both.

Which ppc is this?

Hilife

The PPC in question is Britannia Parking, and a BPA member.

waamo

They are pretty litigatious so expect a claim at some point. There isn't much you can do other than wait for the claim to come.

BPA members are supposed to give 10 minutes grace period. It doesn't have to be on the signs.