Initial Parking Fine

JTL1992

Coupon-mad said:

JTL1992 said:

Thanks for looking into this!
I’m not sure on what day rental company recieved the notice as no mail/letter was sent but bank statement is 21st July. Offence date is 8th July and notice date is 27th July. What are your thoughts on these dates?

None of that matters. 

Why aren't you just using one of the company/hire car appeal templates by Edna Basher, near the end of the first post of the NEWBIES thread?  This one will be easy! 

USE THE HIRE/LEASE CAR TEMPLATE.

NO LINK...YOU KNOW WHY NOT, YOU'VE BEEN HERE BEFORE!

On what basis do you think i should be making the appeal?

I have worked out the dates and they sent the notice to the rental company within the first 14 days so i have no leg to stand on there.

JTL1992

Fruitcake said:

JTL1992 said:

Fruitcake said:

Those aren't exact dates, and don't help us. It would have helped if you had told us it was a hire car as well because that changes everything. We need to know the date of the alleged event, the date the NTK was sent, and when you received the NTH from the PPC.

Since this is a hire car case then you need to use one of the edna basher hire/lease car appeal templates from the first post of the NEWBIES. There are three to choose from but one is for fleet managers, so the one you want will be one of the other two. Send it unaltered from the hirer/lessee.
You will also need to read the PoFA 2012, especially paragraphs 13 and 14 of Schedule 4 to determining how the PPC has failed to transfer liability to the hirer.

You also need to read the hire Ts and Cs to see what it says about charging you for dealing with a PCN. In addition, check whether they are members of the BVRLA as that trade association has told its members not to pay the charges but pass the hirer's details to the PPC. They may charge an admin fee but £84 is an excessive amount for the work involved so complaints to the hire co and BVRLA should eb made.

Also complain to the landowner as well as to your MP about this unregulated scam.

Thanks for looking into this!
I’m not sure on what day rental company recieved the notice as no mail/letter was sent but bank statement is 21st July. Offence date is 8th July and notice date is 27th July. What are your thoughts on these dates?

Confusion. 

Do you mean the NTK to the registered keeper (hire co) was dated the 21st, and the NTH arrived on the 27th?

These aren't critical to your case, but understanding the timeline will help a little, especially if the NTK was sent too late to the hire co for keeper liability to apply.

More important is whether you received a PoFA compliant NTH that included the documents referred to in paragraphs 13 and 14 of the PoFA.

It's not an offence by the way. It's an alleged breach of a civil contract.

Yes that's correct. The NTK to the registered keeper was dated the 21st, and the NTH arrived on the 27th.

How do i find out if my NTH is compliant or not - what exactly am i looking for on the letter?

Thanks again

Le_Kirk

With the NTH did they send all the documents they were supposed to according to POFA Section 13?  See here: -
https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Umkomaas

JTL1992 said:

Fruitcake said:

JTL1992 said:

Fruitcake said:

Those aren't exact dates, and don't help us. It would have helped if you had told us it was a hire car as well because that changes everything. We need to know the date of the alleged event, the date the NTK was sent, and when you received the NTH from the PPC.

Since this is a hire car case then you need to use one of the edna basher hire/lease car appeal templates from the first post of the NEWBIES. There are three to choose from but one is for fleet managers, so the one you want will be one of the other two. Send it unaltered from the hirer/lessee.
You will also need to read the PoFA 2012, especially paragraphs 13 and 14 of Schedule 4 to determining how the PPC has failed to transfer liability to the hirer.

You also need to read the hire Ts and Cs to see what it says about charging you for dealing with a PCN. In addition, check whether they are members of the BVRLA as that trade association has told its members not to pay the charges but pass the hirer's details to the PPC. They may charge an admin fee but £84 is an excessive amount for the work involved so complaints to the hire co and BVRLA should eb made.

Also complain to the landowner as well as to your MP about this unregulated scam.

Thanks for looking into this!
I’m not sure on what day rental company recieved the notice as no mail/letter was sent but bank statement is 21st July. Offence date is 8th July and notice date is 27th July. What are your thoughts on these dates?

Confusion. 

Do you mean the NTK to the registered keeper (hire co) was dated the 21st, and the NTH arrived on the 27th?

These aren't critical to your case, but understanding the timeline will help a little, especially if the NTK was sent too late to the hire co for keeper liability to apply.

More important is whether you received a PoFA compliant NTH that included the documents referred to in paragraphs 13 and 14 of the PoFA.

It's not an offence by the way. It's an alleged breach of a civil contract.

Yes that's correct. The NTK to the registered keeper was dated the 21st, and the NTH arrived on the 27th.

How do i find out if my NTH is compliant or not - what exactly am i looking for on the letter?

Thanks again

It's not what you're looking for on the letter, you're looking for what's with the letter.  Hate having to repeat advice already given (by @Fruitcake), but paras 13 and 14 of the Protection of Freedoms Act 2012 (Schedule 4) covers hire vehicles. 

JTL1992

Here are the letters - really appreciate your help with this.

nosferatu1001

OK, did you read the sections quoted? Youre supposed to check this yourself. 
Did they enclose a copy of the hire agreement ? Yes or No. 

JTL1992

nosferatu1001 said:

OK, did you read the sections quoted? Youre supposed to check this yourself. 
Did they enclose a copy of the hire agreement ? Yes or No. 

They didn't include a copy of the hire agreement. Just this letter.

nosferatu1001

So that means....
You need to do a tiny, teeny amount of legwork yourself. Hirer liability is contingent on them complying with paras 13 and 14 as well as the usual para 9 (and others)
So without a hire agreement does this mean they comply with 13 and 14? If they are NOT compliant, what does this mean?
You need to understand this, because this is your case to argue. Not ours. 

Redx

In which case if they failed the POFA law for hire vehicles and hirers then that's an appeal point

Appeal using an Edna basher template to Initial , obtain a popla code , and read and adapt a popla appeal based on other hire vehicle appeals from here in the last 12 months

It's an easy win if the driver isn't revealed , due to Initial failing red tape , failing the law brought in 8 years ago (almost)

JTL1992

Thank you very much!