Notice to Hirer - Total Parking Solutions

Mahone1302

Quick question - the Hirer (who has received the NtH/PCN) was not the driver. I presume this is worth mentioning? On the basis that no contract can possibly have been formed with the hirer, because they were not the driver, and thus POFA 2012 (which TPS have failed on) was their only option to take action against the hirer.

Gr1pr

May as well mention it,  plus that the driver has not been identified either 

Mahone1302

So TPS have replied to my POPLA appeal, referring to my appeal as 'vague template' . They have admitted that the 'hirer' documentation (hire agreement etc) was sent out on a date that is way past the deadline, but are trying to claim that there is no longer a requirement for them to provide this documentation!

There is no longer a requirement for Car Parking Operators to provide liability packs / a copy of the hire agreement when issuing a Notice to Hirer. The Notice to Hirer specifies that the Notice to Keeper was issued and as a result the registered keeper provided their details as the hirer. This confirms the vehicle was hired.

Obviously this is nonsense, as POFA 2012 Schedule 4 has not changed and still requires these documents to be provided.

I will point out the following from the BPA Code of Practice section 2.18:

NOTE 2: For a Notice to Hirer - the Protection of Freedoms Act 2012 definition in Schedule 4, paragraphs 13 & 14 specifies the basic form and content of a notice to hirer issued under the Act, to be sent after the hirer’s name & address is provided by the keeper in transferring liability before court action begins. 

They have also detailed that they apparently received a letter from the Hire compare a month after the date that the Hire company have put on letter. I have pointed out that as a private individual I am not liable for delays in the postal service nor either companies internal postal handling.

I have reiterated everything under POFA Schedule 13 and 14 that is relevant, particularly the required documentation that must be sent out and within what time frames etc.

ChirpyChicken

yes just reiterate the point about pofa nothing else.

Mahone1302

So, POPLA assessment is still showing as in progress. Lead time is meant to be 6-8 weeks but we're just over now. Is this normal?

Mahone1302

POPLA assessment still showing as in progress. Must be pushing 10 weeks now. Is this normal?

Mahone1302

POPLA appeal successful, full detail here: https://forums.moneysavingexpert.com/discussion/comment/81404008/#Comment_81404008

ChirpyChicken

Not sure why parking firms think in order to enforce liability they dont need to include the relevant paper work.  they do

Mahone1302

ChirpyChicken said:

Not sure why parking firms think in order to enforce liability they dont need to include the relevant paper work.  they do

Cut them some slack, the legislation is only 13 years old.....................!!!