Hire/lease vehicle — POFA Sch 4 para 13/14 election by hire firm

PoFA 2012 Sch 4 paragraphs 13 and 14 govern hire vehicles. Para 13: where a vehicle was hired under a hire agreement of less than 6 months and the operator has issued a NTK to the registered keeper (the hire firm), the hire firm may within 28 days transfer keeper liability to the hirer by serving a statement and copy hire agreement under para 14. If the hire firm does NOT do this, the operator's claim against the hire firm continues and the hirer is NOT liable as keeper. Operators frequently confuse this — chasing the hirer directly without the para 14 election. That breach of Sch 4 means no keeper liability is established and the operator must prove the driver, which they cannot.

Legal basis

PoFA 2012 Sch 4 paras 13 (hired vehicle) and 14 (hire firm's statement); para 1(2) (hire agreement defined)

How to identify this in your case

Vehicle was on a short-term hire (under 6 months) at the time. Recipient is the hirer. NTK was sent directly to the hirer without an intervening Sch 4 para 14 statement from the hire firm.

Sample appeal wording

Dear [OPERATOR], Re: NTK / PCN [REF] — Hire vehicle [REG] 1. The vehicle was hired by me from [HIRE COMPANY] under hire agreement [REF] dated [DATE]. The hire was for less than 6 months: paragraph 1(2) PoFA 2012 Sch 4 applies. 2. Under paragraph 13 the hire firm is the registered keeper. To pass keeper liability to me as hirer the hire firm must within 28 days of receipt of your NTK serve on you a statement under paragraph 14 enclosing a copy of the hire agreement and the statement of liability signed by the hirer. 3. I require, under UK GDPR Article 15 and pursuant to your obligation under Sch 4 to demonstrate compliance, copies of: (a) Your NTK to the hire firm and proof of posting/service; (b) The paragraph 14 statement received from the hire firm (if any), with date of receipt; (c) The hire agreement and statement of liability. 4. Without a fully compliant para 14 election, you have no keeper-liability route against me. To recover, you must prove I was the driver — which is your burden, not mine. 5. Failing production of (3) within 14 days, the charge is denied and I will appeal/defend on this ground. Yours faithfully, [NAME]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

PoFA 2012 Sch 4 paras 1(2), 13, 14