Help with private parking tickets for vehicle hire company

supercars01

Hi All,
Looking to get some help with 2 parking charge notices from UKPC. We're a vehicle hire firm and so we appealed these tickets like we normally do by sending them a copy of the hire agreement and requesting that liability be transferred to the hirer. They declined the representations saying that there was no statement of liability included. We contacted them by email informing them that the bottom of our agreement acts as the statement of liability and there is a section that states 'I accept that any expenses incurred whilst the vehicle is in my possession (ie parking tickets, motoring offences etc) are my responsibility' which was signed by the customer. They then responded saying 'Please be advised that the paperwork was rejected because it does not comply with the requirements of paragraph 13, Schedule 4 of the Protection of Freedoms Act 2012. Sections 2 and 3 of paragraph 13 specifically require that if transferring liability of a parking charge from the registered keeper to a named hirer, that a statement of liability signed by the hirer be provided, and that the statement acknowledge that responsibility of parking charges lie with the vehicle’s hirer. It is immaterial if the statement relates to other charges or penalties of any kind'. From what we understand it seems like they declined it because the section on our agreement says parking tickets instead of parking charges. Can anyone give us any advice on what to do with this so that liability can be transferred to our customer. We had one before from the same company and it was declined for the same reason but when we told them that the bottom of the agreement was the statement of liability they cancelled the parking charge but for these 2 they declined them again. They haven't sent us POPLA details either so we can appeal to them. 

BrownTrout

Easy way round issues where companies refuse a TOL (maybe not in this particular situation), but works in most cases
Get the customer in question to do the appeal stating they were the driver, kills to birds with one stone.... (assuming they are co-operative)

Umkomaas

Maybe the customer should confirm they were the hirer (not driver at this stage). 

supercars01

We don't think the customer would do this unfortunately. Should UKPC have at least provided us with POPLA details so we could have appealed to them?

Umkomaas

supercars01 said:

We don't think the customer would do this unfortunately. Should UKPC have at least provided us with POPLA details so we could have appealed to them?

They probably would have done if you'd simply appealed as the registered keeper, but this has queered the pitch ......

We're a vehicle hire firm and so we appealed these tickets like we normally do by sending them a copy of the hire agreement and requesting that liability be transferred to the hirer.

D_P_Dance

Have you seen this?

https://www.dailymail.co.uk/news/article-3229165/Is-PROOF-private-parking-firms-scamming-motorists-Drivers-say-timings-photos-doctored-legally-parked-cars-issued-fines.html

supercars01

Umkomaas said:

supercars01 said:

We don't think the customer would do this unfortunately. Should UKPC have at least provided us with POPLA details so we could have appealed to them?

They probably would have done if you'd simply appealed as the registered keeper, but this has queered the pitch ......

We're a vehicle hire firm and so we appealed these tickets like we normally do by sending them a copy of the hire agreement and requesting that liability be transferred to the hirer.

We're the registered keeper and we wanted to transfer liability to the hirer of the car (the customer who had the car).

Umkomaas

supercars01 said:

Umkomaas said:

supercars01 said:

We don't think the customer would do this unfortunately. Should UKPC have at least provided us with POPLA details so we could have appealed to them?

They probably would have done if you'd simply appealed as the registered keeper, but this has queered the pitch ......

We're a vehicle hire firm and so we appealed these tickets like we normally do by sending them a copy of the hire agreement and requesting that liability be transferred to the hirer.

We're the registered keeper and we wanted to transfer liability to the hirer of the car (the customer who had the car).

I understand that, and that's why you can't obtain a POPLA code to use yourselves. If you want to formally transfer the liability to the hirer, you must follow the instructions provided in the NtK for doing so. If you have followed to the letter those instructions, and UKPC are refusing to move away from you and correspond with the hirer, you must formally complain about that to the BPA and DVLA.