DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 73618--------------------------------------------------
Re: Help with ticket
DIR By: PurpleLackey
Date: May 28, 2025, 10:28 am
---------------------------------------------------------
--- Quote from: PurpleLackey link ---
>
> [quote author=b789 link=topic=6314.msg73615#msg73615
date=1748445492]
> 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
[/quote]
This is all that was received in the post
#Post#: 73626--------------------------------------------------
Re: Help with ticket
DIR By: b789
Date: May 28, 2025, 11:11 am
---------------------------------------------------------
Doesn't really matter. The NtH is not relying on PoFA and
clearly states that they are only pursuing the driver. As the
Hirer is under no legal obligation to identify the driver, all
the POPLA appeal needs to show is that PoFA is not invoked.
For the POPLA appeal simply state that the operator is not
relying on the provisions of PoFA to hold the Hirer liable and
the appellant declines to identify the drover, as is their
lawful right. The operator has provided no evidence to show that
the person they are pursuing is thew driver.
I would really keep it as simple as that:
--- Quote ---
> I am the Hirer of the vehicle. The Notice to Hirer does not
invoke the provisions of Schedule 4 of the Protection of
Freedoms Act 2012 (PoFA) and expressly states that the operator
is pursuing the driver only.
>
> The final paragraph of the Notice to Hirer confirms this
position:
>
> [indent]"You are advised that if, after the period of 21 days
beginning with the day after that on which this notice is given
– the amount of the unpaid parking charge specified in this
notice has not been paid in full, we will have the right to
recover the parking charge amount that remains unpaid from the
driver of the vehicle."[/indent]
>
> I decline to identify the driver, as is my lawful right. The
operator has provided no evidence that I was the driver and
therefore has no lawful basis to pursue me as the Hirer.
>
> There can be no inference or presumption that the Hirer/Keeper
is the driver, as confirmed by persuasive case law in VCS v
Edward (2023) [HOKF6C9C].
>
> The appeal must therefore be allowed.
--- End Quote ---
#Post#: 80653--------------------------------------------------
Re: Help with ticket
DIR By: PurpleLackey
Date: July 11, 2025, 11:39 pm
---------------------------------------------------------
Hi,
Ive had the appeal rejected with the attached email.
Hoping for further advice
[attachment deleted by admin]
#Post#: 80662--------------------------------------------------
Re: Help with ticket
DIR By: ixxy
Date: July 12, 2025, 2:08 am
---------------------------------------------------------
You have 2 choices, pay the outstanding invoice, the driver did
breach the carpark rules, or ignore it.
It is in the hands of the parking company now. You will probably
get loads of letters from debt collectors which can be ignored.
If / when you get a letter of claim come back here for more
advice.
#Post#: 80666--------------------------------------------------
Re: Help with ticket
DIR By: mickR
Date: July 12, 2025, 4:14 am
---------------------------------------------------------
why would you suggest the OP pays????
#Post#: 80669--------------------------------------------------
Re: Help with ticket
DIR By: jfollows
Date: July 12, 2025, 4:33 am
---------------------------------------------------------
--- Quote from: PurpleLackey link ---
>
> Hi,
>
> Ive had the appeal rejected with the attached email.
>
> Hoping for further advice
>
--- End Quote ---
Dated 13 June.
What happened since then?
#Post#: 80673--------------------------------------------------
Re: Help with ticket
DIR By: ixxy
Date: July 12, 2025, 4:55 am
---------------------------------------------------------
--- Quote from: mickR link ---
>
> why would you suggest the OP pays????
>
--- End Quote ---
Because that is one of the options open to the poster, not
everyone wants the stress of being bombarded with debt
collectors letters and the complexities of defending a claim
even if the end result is it will get discontinued. The forum is
to provide advice and information so people can make the right
decisions for them based on solid facts rather than the hysteria
usually found on other forums.
#Post#: 80676--------------------------------------------------
Re: Help with ticket
DIR By: mickR
Date: July 12, 2025, 5:20 am
---------------------------------------------------------
This is a fightback forum giving advise to people who want to
challenge PCNs.
the advice given here is, and always has been, based on the
facts of the individual case. Posters will be advised of what to
expect when challenging in some detail. In the event of a lost
cause they will be advise to cough up but only if its the only
reasonable course of action. suggesting people pay up when the
advice given (by very experienced members @b789 and DWMB2) is to
challenge, is counter productive to helping the OP and the wider
cause.
#Post#: 80681--------------------------------------------------
Re: Help with ticket
DIR By: RichardW
Date: July 12, 2025, 5:30 am
---------------------------------------------------------
That's the rejection from the parking co. The POPLA code should
still be live for a couple more days, and you can submit an
appeal to them.
#Post#: 80682--------------------------------------------------
Re: Help with ticket
DIR By: jfollows
Date: July 12, 2025, 5:32 am
---------------------------------------------------------
--- Quote from: RichardW link ---
>
> That's the rejection from the parking co. The POPLA code
should still be live for a couple more days, and you can submit
an appeal to them.
>
--- End Quote ---
Exactly, and the suggested POPLA appeal is in Reply #11 above.
*****************************************************
Page 2 of 3
DIR Previous Page
DIR Next Page