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#Post#: 115521--------------------------------------------------
Does this appeal work ?
DIR By: I6776H
Date: April 10, 2026, 8:21 am
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I have already made my appeal and got rejected so this is my
appeal to IAS.
Ground 1: Failure to Comply with Schedule 4 of the Protection of
Freedoms Act 2012 (Late Delivery)
The operator has failed to meet the strict requirements of
Schedule 4 in order to transfer liability to the keeper/hirer.
The alleged contravention occurred on 27/02/2026. Therefore, the
Notice to Keeper/Hirer was required to be delivered within 14
days, i.e. by 13/03/2026.
The notice was not received until 18/03/2026, which is outside
the relevant period.
Whilst the operator states the notice was issued on 10/03/2026,
PoFA is clear that the requirement is for delivery, not
issuance. The operator has provided no evidence that the notice
was delivered within the statutory timeframe.
Accordingly, the operator has failed to establish keeper/hirer
liability.
⸻
Ground 2: Presumption of Service Not Satisfied (Postage Issue)
Under the Interpretation Act 1978, a notice is presumed served
two working days after posting, unless the contrary is proven.
Even if the notice had been posted on 10/03/2026, deemed service
would be 12/03/2026 at the earliest.
However, the notice was actually received on 18/03/2026, clearly
rebutting any presumption of service.
Furthermore, the operator used a third-party mail provider (The
Delivery Group), where delivery times are not guaranteed. The
operator has provided no proof of posting date or delivery date,
and therefore cannot rely on presumed service.
⸻
Ground 3: Failure to Comply with Hire Vehicle Requirements (PoFA
Paragraph 14)
As this is a hire/Motability vehicle, the operator must comply
with Paragraph 14(2)(a) of Schedule 4.
This requires the operator to provide:
•
•
These documents were not provided with the Notice to Hirer.
This is a mandatory requirement, and failure to include these
documents means the operator cannot transfer liability to the
hirer under any circumstances.
⸻
Ground 4: No Driver Identified
The operator has not identified the driver.
I confirm that I was not the driver, and I am under no legal
obligation to name the driver.
As the operator has failed to comply with the requirements of
Schedule 4, they cannot pursue the keeper/hirer, and must
instead pursue the driver, whom they have not identified.
⸻
Ground 5: No Notice to Driver Issued
No Notice to Driver (windscreen ticket) was affixed to the
vehicle at the time of the alleged contravention.
Therefore, the operator is required to fully comply with the
14-day delivery requirement under Schedule 4, which they have
failed to do
#Post#: 115525--------------------------------------------------
Re: Does this appeal work ?
DIR By: DWMB2
Date: April 10, 2026, 8:38 am
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These grounds are a bit muddled, in that ground #1 and ground #3
directly conflict with each other.
Are you the registered keeper? (The fact that it is a Motability
vehicle means the answer to this is probably 'yes', as they're
the exception to the rule when it comes to hiring, but please
confirm) If you are, then paragraph 14 of PoFA is irrelevant,
and ground #3 should be removed.
If you are not the registered keeper, then paragraph 14 is
relevant, but then the relevant period of 14 days would not
apply (that applies to notices to the keeper, not any subsequent
notice to hirer)
I note this is a different username to other posts, are you the
same OP?
#Post#: 115532--------------------------------------------------
Re: Does this appeal work ?
DIR By: I6776H
Date: April 10, 2026, 8:57 am
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It is a motability car and theirs is multiple insured
drivers.what part do I delete and is the rest of my points
valid. Also to answer your last question I am a new user. Thank
you for helping also
#Post#: 115533--------------------------------------------------
Re: Does this appeal work ?
DIR By: DWMB2
Date: April 10, 2026, 9:06 am
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I have split this out into its own thread. Please don't hijack
someone else's post to ask about your own problem.
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