An incomplete hire agreement left the keeper liable (2026)

Case 2250272003 / 2025-10-02 / Adjudicator Lola Moses

ROTHERHITHE TUNNEL APPROACH / BRANCH ROAD

“the agreement does not include a signed statement from the hirer accepting liability for penalty charges”

Lola Moses

A vehicle hire company said its customer had the vehicle from 23 April to 27 May 2025. TfL relied on camera evidence and DVLA records identifying an N1 goods vehicle with a revenue weight of 3100 kg. Lola Moses found that it had entered the tunnel despite the two-tonne maximum gross weight restriction.

The remaining question was liability. The company's earlier account said its loan agreement had no return date because the customer was still using the vehicle. The appeal document subsequently showed due and return dates, but Moses found no evidence that a fixed hire period had been agreed at the outset.

The agreement also lacked the hirer's signed acceptance of liability for penalty charges. Moses found that the document did not meet the requirements for transferring liability, leaving the registered keeper responsible. The appeal was refused. Naming the customer and showing that a loan occurred did not resolve the missing contractual requirements.

Source and case reference

Use case reference 2250272003 in the London Tribunals register to find the official decision. This commentary distinguishes the adjudicator's finding from a possible argument in a different case; previous tribunal decisions do not bind another adjudicator.