FOI request detail

Challenging a PCN

Request ID: FOI-0200-2021
Date published: 29 May 2020

You asked

I respectfully request details of the information you use pertaining to the Law, Regulations and Company Policy you may use when challenging a PCN. There is no clear guidance published of your standards and expectations for Hire Firms when writing contracts. I have had several PCN’s rejected recently because my contract did not meet x,y and z Regulations. Could you please outline your expectations to ensure I can avoid future contractual issues.

We answered

Our ref: FOI-0200-2021/GH

Thank you for your request received by Transport for London (TfL) on 11 May 2020 asking for information about challenging Penalty Charge Notices.

Your request has been considered under the requirements of the Freedom of Information Act 2000 and our information access policy. I can confirm that we do hold the information you require.

In the event you are attempting to transfer liability for on the ground that you, as the registered keeper of the contravening vehicle/liable party, are a vehicle hire firm and the vehicle was on hire at the point the contravention occurred, the hire agreement in place must comply with Section 66 of the Road Traffic Offenders Act 1988. In addition to the hire period being less than six months, the agreement must contain a signed statement of liability, as well as all relevant information defined in Schedule 2 of the Road Traffic (Owner Liability) Regulations 2000. These regulations can be viewed at http://www.legislation.gov.uk/uksi/2000/2546/contents/made, but for ease of reference, the particulars are as follows:

A. Particulars of person signing statement of liability*

  1. Full Name.

     

  2. Date of birth.

     

  3. Permanent Address.

     

  4. Address at time of hiring (if different from 3 above and stay is likely to be more than two months from date of hiring).

     

  5. Details of driving licence:
  1. Country where issued (if not UK)

     

  2. Serial number or driver’s number,

     

  3. Date of expiry (which should be no later than date specified in B7 below).

* Where the statement of liability is in Part II of form H, the full name and address of the person by or on whose behalf the statement of liability was signed should be supplied together with the date on which it was signed. If the person taking possession of the vehicle is not the same as the person by or on whose behalf the statement was signed, the full name of that person should also be supplied (if known).

B. Particulars of hiring agreements

  1. Registration mark of vehicle hired under the hiring agreement.

     

  2. Make and model of vehicle hired under the hiring agreement.

     

  3. Registration mark of any vehicle substituted for the above during the currency of the hiring agreement.

     

  4. Make and model of any vehicle substituted for the above during the currency of the hiring agreement.

     

  5. Time and date of any change of vehicle.

     

  6. Time and date of commencement of original hiring period.

     

  7. Expected time and date of expiry of original hiring period.

     

  8. Time and date of commencement of authorised extension of hiring period.

     

  9. Expected time and date of expiry of authorised extension of hiring period.

Actual time and date of return of vehicle (or when vehicle returned out of hours time and date on which vehicle-hire firm next opened for business

If this is not the information you are looking for, or if you are unable to access it for some reason, please do not hesitate to contact me.

Please note, the Government has announced a series of measures to tackle the coronavirus. It is essential for London, that we continue to provide a safe transport network for essential journeys.

In current circumstances, we are not able to answer FOI requests readily and we ask that you please do not make a request to us at present.

Answering FOI requests will require the use of limited resources and the attention of staff who could be supporting other essential activity. In any event, please note that our response time will be affected by the current situation.

If you are not satisfied with this response please see the attached information sheet for details of your right to appeal.

Yours sincerely

Graham Hurt

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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