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#Post#: 71222--------------------------------------------------
Help with ticket
DIR By: PurpleLackey
Date: May 13, 2025, 6:07 am
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Hi all,
I'm not disabled but my partner was having a low blood pressure
episode so we quickly threw the car in the empty bay and grabbed
something to help raise the levels. I was probably away from the
car for 5 mins max. I normally stay away from disabled bays but
for me it was an emergency, I'm happy to pay the fine every time
as she comes first in my eyes. There were no signs behind the
bay which stated it any terms and conditions. They have added a
picture in of the T&Cs which is awfully high up to read. Any
advice/help?
PS I've attached the fine.
[attachment deleted by admin]
#Post#: 71227--------------------------------------------------
Re: Help with ticket
DIR By: DWMB2
Date: May 13, 2025, 6:21 am
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The parking charge notice you have uploaded is seemingly
addressed to a company (Tusker Direct) not you. Is this a lease
car?
If the notice is not addressed to you, then it is not for you to
deal with currently, but instead it is for the company to deal
with. What they should do (and you should contact them to make
sure they do) is follow the instructions on the back of the
notice for nominating you as the hirer of the vehicle. When they
do this you'll receive a notice in your own name, which we can
advise on appealing.
#Post#: 71237--------------------------------------------------
Re: Help with ticket
DIR By: PurpleLackey
Date: May 13, 2025, 6:56 am
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It is a lease, the fine will come directly out of my pay. It is
up to me to respond whether I'm appealing or accepting the fine.
#Post#: 71245--------------------------------------------------
Re: Help with ticket
DIR By: b789
Date: May 13, 2025, 7:22 am
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What “fine”? I will give you £100 for every occurrence of the
word “fine”:or “ penalty” you can show us in the correspondence
from Premier Park.
It is obvious that Tusker have forwarded you their copy of the
Notice to Keeper (NtK) but you have not shown us what other
correspondence they sent you with that. Show us.
You have a “golden ticket” if you do not screw this up by
blabbing the drivers identity. Neither Tusker not the parking
operator have any idea who the driver is. The only known factor
is that you (I’m assuming) are the Hirer of the vehicle. The
Hirer and the driver are two separate legal entities and there
is no legal obligation on the Hirer to identify the driver to an
unregulated private parking company, who are not an authority of
any kind that is able to issue “fines” or “penalties”.
What has been issued is is a speculative invoice for an alleged
breach of contract by the driver. No offence has been committed.
If Tusker has mentioned anything about an “offence” or a “fine”
in their correspondence to you about this, then they are wrong,
especially if they threaten to pay it without giving you the
opportunity to appeal a simple invoice.
All Tusker has to do is transfer liability to you as the Hirer
and is documented on that copy of the Notice to Keeper (NtK) you
have received. Once they have done that, they are no longer
liable and the parking operator cannot come back to them. They
are required to then issue a Notice to Hirer (NtH) in your name
and you can deal with this very easily, if you follow our
advice.
I have yet to see any private parking operator issue an NtH that
complies with PoFA which can hold the Hirer liable, as long as
the Hirer does not proverbially blow both feet off with a single
shot by blabbing the drivers identity, inadvertently or
otherwise.
So, please show us what Tusker sent you together with that copy
of the NtK. Also, have a close look at your lease agreement and
tell us exactly what it says about private parking charges. It
is not a fine or a penalty so stop calling it that.
#Post#: 71252--------------------------------------------------
Re: Help with ticket
DIR By: PurpleLackey
Date: May 13, 2025, 7:44 am
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--- Quote from: b789 link ---
>
> What “fine”? I will give you £100 for every occurrence of the
word “fine”:or “ penalty” you can show us in the correspondence
from Premier Park.
>
> It is obvious that Tusker have forwarded you their copy of the
Notice to Keeper (NtK) but you have not shown us what other
correspondence they sent you with that. Show us.
>
> You have a “golden ticket” if you do not screw this up by
blabbing the drivers identity. Neither Tusker not the parking
operator have any idea who the driver is. The only known factor
is that you (I’m assuming) are the Hirer of the vehicle. The
Hirer and the driver are two separate legal entities and there
is no legal obligation on the Hirer to identify the driver to an
unregulated private parking company, who are not an authority of
any kind that is able to issue “fines” or “penalties”.
>
> What has been issued is is a speculative invoice for an
alleged breach of contract by the driver. No offence has been
committed. If Tusker has mentioned anything about an “offence”
or a “fine” in their correspondence to you about this, then they
are wrong, especially if they threaten to pay it without giving
you the opportunity to appeal a simple invoice.
>
> All Tusker has to do is transfer liability to you as the Hirer
and is documented on that copy of the Notice to Keeper (NtK) you
have received. Once they have done that, they are no longer
liable and the parking operator cannot come back to them. They
are required to then issue a Notice to Hirer (NtH) in your name
and you can deal with this very easily, if you follow our
advice.
>
> I have yet to see any private parking operator issue an NtH
that complies with PoFA which can hold the Hirer liable, as long
as the Hirer does not proverbially blow both feet off with a
single shot by blabbing the drivers identity, inadvertently or
otherwise.
>
> So, please show us what Tusker sent you together with that
copy of the NtK. Also, have a close look at your lease agreement
and tell us exactly what it says about private parking charges.
It is not a fine or a penalty so stop calling it that.
>
--- End Quote ---
I have attached all correspondence from Tusker.
[attachment deleted by admin]
#Post#: 71267--------------------------------------------------
Re: Help with ticket
DIR By: b789
Date: May 13, 2025, 8:29 am
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As expected. You are dealing with feckwit morons at Tusker. You
should write to them and inform them that they have
misinterpreted the law when they say:
--- Quote ---
> For Private Parking notifications only (Parking Charge
Notice), please see the additional information below.
>
> The legislation has changed. To read more about this within
The Protection of Freedoms Act 2012, please log onto
HTML http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted.
>
> The changes mean that Tuskerdirect Limited as the registered
keeper can be held liable for these charges if you take no
action.
>
> In the event we receive a second notification from a Private
Parking Operator for the same offence, we will pay the
outstanding amount and recharge this amount to you. Please note
this additional step may incur a further administration fee as
set out in the terms and conditions of your contract.
--- End Quote ---
Point out that as long as they have transferred liability as per
paragraph 13 of PoFA, they can no longer be liable for the
charge and their suggestion that they could still be held liable
for the charge if you, the Hirer, take no action, is mendacious
and not possible under the Act.
Therefore, they have misrepresented the law when they included
that bit in their letter.
Anyway, the important bit for you to take note of now is this
piece in their letter:
--- Quote ---
> We have given your details to the relevant authority
transferring liability of this offence to you. The authority
will now contact you directly.
--- End Quote ---
Again, ignoring the fact that they have used the terms
"authority" and "offence", which shows an utter lack of
competence within their team, you now have to wait until you
receive an NtH in your name before you can do anything else.
For now, write to them and point out their ignorance of the law
in relation to their liability if they have complied with
paragraph 13 of PoFA.
#Post#: 73614--------------------------------------------------
Re: Help with ticket
DIR By: PurpleLackey
Date: May 28, 2025, 10:16 am
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Hi,
I've received the NtH today, it is dated 14th May, our post has
always been slow on our estate.
Could you recommend advice on how to appeal please?
#Post#: 73615--------------------------------------------------
Re: Help with ticket
DIR By: b789
Date: May 28, 2025, 10:18 am
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Show us the NtH, both sides.
Did it include copies of these document?
[indent]• a statement signed by or on behalf of the vehicle-hire
firm to the effect that at the material time the vehicle was
hired to a named person under a hire agreement;
• a copy of the hire agreement;
• a copy of a statement of liability signed by the hirer under
that hire agreement; and
• a copy of the original Notice to Keeper (NtK)[/indent]
#Post#: 73616--------------------------------------------------
Re: Help with ticket
DIR By: PurpleLackey
Date: May 28, 2025, 10:25 am
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--- Quote from: b789 link ---
>
> Show us the NtH, both sides.
>
> Did it include copies of these document?
>
> [indent]• a statement signed by or on behalf of the
vehicle-hire firm to the effect that at the material time the
vehicle was hired to a named person under a hire agreement;
>
> • a copy of the hire agreement;
>
> • a copy of a statement of liability signed by the hirer under
that hire agreement; and
>
> • a copy of the original Notice to Keeper (NtK)[/indent]
>
--- End Quote ---
As requested,
Thank you
[attachment deleted by admin]
#Post#: 73617--------------------------------------------------
Re: Help with ticket
DIR By: DWMB2
Date: May 28, 2025, 10:27 am
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--- Quote from: PurpleLackey link ---
>
> As requested,
>
--- End Quote ---
Well, half of what was requested... did you receive the
documents b789 asked about?
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