Notice to hirer response

ANONYRAY

Hi,

I have read the extremely helpful forum and want to make sure I am on the right tracks. I have received a PCN for parking outside of a bay at a retail car park as the hirer of a lease car. This of course does not include a copy of the lease agreement. I intend to appeal initially to the PCN company (premier parking) with the following letter, is this ok?

To whom it may concern,

I am writing in response to the above-referenced Parking Charge Notice (PCN), which I understand has been issued to me as the hirer of a vehicle under a lease agreement. I wish to make it unequivocally clear that I challenge this charge on several key grounds.

1. Non-compliance with the Protection of Freedoms Act 2012 (Schedule 4, Paragraph 14)

You have issued this PCN to me as the hirer of a lease vehicle. Under Schedule 4, Paragraph 14 of the Protection of Freedoms Act 2012, a private parking operator is only permitted to transfer liability to a hirer if they have fully complied with the statutory requirements, including:

• Sending a copy of the Notice to Keeper (NTK) to the lease/hire company

• Including a copy of the hire/lease agreement

• Including a copy of a statement of liability, as required under PoFA Schedule 4, Paragraph 13(2)

I can confirm that you have not included any of these documents, and therefore, liability has not been legally transferred to me. Without full compliance with the conditions set out in Schedule 4, you cannot pursue the hirer for payment.

2. No Keeper or Driver Liability without PoFA Compliance

In the absence of compliance with the above legal requirements, you may only pursue the driver, whom you have not identified. I am under no legal obligation to identify the driver, and I will not be doing so.

3. Lack of Legitimate Interest & Disproportionate Charge

In any event, should you attempt to argue otherwise, I contend that the charge is unconscionable, disproportionate, and not representative of any genuine pre-estimate of loss. This point has been upheld in various adjudications, particularly where the operator fails to demonstrate legitimate interest and transparent signage.

---

Conclusion & Formal Request

For the above reasons, I require that you cancel this PCN immediately. Should you reject this appeal, I will require:

• A valid POPLA code so that I may escalate the matter to independent adjudication

• Full evidence of compliance with Schedule 4, including all documents as stated above

Please also note that I am keeping detailed records of all correspondence, and I am fully prepared to escalate this matter to POPLA and, if necessary, to a civil court, where your lack of legal standing will be strongly defended.

Yours faithfully,

Gr1pr

You should use the best hirer appeal by Edna Basher,  from the bottom of the first post in the newbies sticky thread,  to appeal a Notice to Hirer   ( not an NTK PCN letter   ) , mainly based on lack of Pofa2012 compliance,  no hirer liability 

The example you provided seems out of date to me,  especially point 3

No blabbing about who was driving or about the incident itself 

ANONYRAY

OK thanks, I have  submitted my appeal on the Premier Parking website as below:

Dear Sir / Madam,

Parking Charge Notice: [PCN Number]

Vehicle Registration: [Registration]

I am writing to address the above Parking Charge Notice (PCN) that was issued to me by Premier Parking Ltd  as a Notice to Hirer. As the hirer of the vehicle, I am recognised as its keeper under Schedule 4 of the Protection of Freedoms Act 2012 (POFA). I am formally challenging the validity of this PCN.

Schedule 4 of POFA outlines strict requirements that must be met in order for a parking operator to hold the keeper liable for a Parking Charge. The Notice to Hirer issued by Premier Parking Ltd did not comply with the POFA requirements. In order that you may understand why, I suggest that you carefully study the details of POFA Schedule 4, particularly those outlined in paragraphs 13 and 14.

Given that Premier Parking Ltd has not met the POFA criteria for keeper liability, please confirm that you shall now cancel this charge. Should you choose to reject my challenge, please provide me with the details of the Independent Appeals Service (POPLA), including their contact information and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Yours faithfully,

1505grandad

You keep stating the following as the ppc  -  are you sure it is the correct name?:-

"The Notice to Hirer issued by Premier Parking Ltd ..........."

ANONYRAY

You are right, it is Premier Park! 😔  

ANONYRAY

I have already sent the appeal on the website. I have not recieved any acknowledgement of the appeal although if I do login on the website now it tells me there is an appeal already lodged... So I guess I just have to wait for the inevitable appeal rejection from Premier Park and prepare my appeal for POPLA? 

garym71

When you get around to the inevitable POPLA appeal, you might want to take a look at my recent thread (HERE) which was appealed on the same grounds (missing required accompanying documents with the NTH). You will find my POPLA appeal letter which is a variation of one of the Edna Basher templates near the end of that thread. It includes extracts from the new The Private Parking Sector Single Code of Practice that the BPA now follow. A lot of the older appeal templates still refer to the now defunct BPA AOS Code of Practice.