Common use of Requesting Additional Information Clause in Contracts

Requesting Additional Information. The decision should be supported by an appropriate letter correctly reflecting the reason for the decision. It will be necessary for the Notice of Rejection to state why the hire agreement is not sufficient to transfer liability. The CSR must consider whether there is the need for additional information. TfL has discussed this issue with the BVRLA/FLA and requested that hire companies provide additional evidence to TfL as requested in the Notice of Rejection for consideration under the second Representations process. Clearly where a hire firm has provided a hire agreement at the Representations stage that does not meet the legislative requirements outlined at section 3 (1 to 5), (all of which should be completed at the outset of the hire agreement), the Service Provider should not request the same hire agreement to be re-submitted, as TfL will not accept amended/modified evidence which has clearly been added to the hire agreement after it has already been provided at the Representation stage. If the hire agreement was not completed correctly at the outset, it must be treated as never being capable of affecting a transfer of liability and therefore any corrections made after submission to TfL to support a Representation will not be valid. Note: It would be acceptable to request a Vehicle hire firm to provide a hire agreement after they have provided a ‘computer history’ initially at the Representations stage or for them to provide a statement of liability that may not have been present at the Representation stage. When a second Representation is received from a hire company as with all second Representations, the information contained within it should be scrutinised carefully. Any change of information should be treated as relevant and the Representation should be re-worked. Examples may be a signed statement of liability, Third party authorisation letters if the hire agreement was rejected as Third Party, hire agreement with amended information (particular consideration would need to be given to what has been amended) and hire agreements provided instead of computer screen printout versions. Further to the discussion with the BVRLA and FLA, their members have indicated that due to their own processes, they are not able to return the correct documentation to enable transfer of liability within the 28 day period allowed by the Road User Charging Regulations. To assist companies in providing the required documentation, TfL has agreed to the following: • representations from a hire company that is a BVRLA member may be made up to fifty six days from the date of issue shown on the PCN and will not be considered late if it is submitted within this period. Hire companies have been made aware that TfL would still issue a Charge Certificate after the twenty eight day period. • provided the Representation includes all the required evidence, liability will be transferred to the hirer even if late. • those Representations that are received late, i.e. after the issue of the Charge Certificate, and that do not contain the correct documentation to allow liability to be transferred, will be refused on late grounds and therefore do not have the right of Appeal.