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  • FIRST POST
    • DJBenson
    • By DJBenson 24th Aug 16, 10:51 AM
    • 362Posts
    • 228Thanks
    DJBenson
    Hire company paid private PCN against their own terms and conditions (ARVAL again!)
    • #1
    • 24th Aug 16, 10:51 AM
    Hire company paid private PCN against their own terms and conditions (ARVAL again!) 24th Aug 16 at 10:51 AM
    Morning all

    I've just had an email from Arval stating that they have (under the terms of my agreement) paid a private parking company charge and will add the amount of the charge to my next rental invoice.

    Here's the slightly longer story:

    My wife borrowed my car in July to take my toddler to an event and parked on a private car park. She paid for a ticket but entered her own registration number rather than that of the vehicle she was driving. The parking enforcement company (Civil Enforcement of Liverpool) have obtained the details of the owner and sent the charge notice to the lease company. Arval have in turn paid the invoice on my behalf and written to me to tell me that they will add the charge to my next invoice. I think I might have the ticket issued on the day in question but as we're not talking about appealing the charge with the parking company but appealing against Arval's unfair treatment of the charge I don't think that adds any weight to the case.

    The infraction occurred on the 19/07/2016 and the PCN was issued on the 17/08/2016 and received by email this morning the 24/08/2016.

    I've read other threads about contesting the charge with Arval (as it's pointless going via the parking company now the fine is paid) but the thread stopped abrubptly with no outcome.

    Are there any timescales between alleged infraction and the date of issue of the PCN? It's almost a month between the two but I wondered if there was any timescales as there are for speeding fines etc?

    Arval in their email state that 'as per my agreement' they have paid the fine, however I've dug out a copy of my agreement and it says no such thing. It infact states the opposite that they have no responsibility for such fines so how can they claim to have made the payment as per my agreement yet the agreement I signed makes no such assertions?

    Is there any merit in going down the route of reclaiming the DD and paying only the agreed hire charges - either whilst I go through the process of contesting the charge or until they get bored of me doing it?

    Any other idea's?
    Last edited by DJBenson; 08-09-2016 at 1:35 AM. Reason: Naming and shaming hire company
Page 7
    • DJBenson
    • By DJBenson 22nd Sep 16, 2:25 PM
    • 362 Posts
    • 228 Thanks
    DJBenson
    Thank you to everybody for their support through this process, it's been an education to say the least. I thoroughly look forward to the next chapter in this saga
    • DJBenson
    • By DJBenson 27th Sep 16, 4:49 PM
    • 362 Posts
    • 228 Thanks
    DJBenson
    Seems like both ARVAL and the BVRLA seem to think I've been done a favour here, the BVRLA have responded with the below and think the matter is now closed.

    Dear <REMOVED>

    We have now received a response from Arval regarding your complaint.

    We understand that Arval have paid a PCN on your behalf which you dispute as you believe they should have transferred liability so you had the right to appeal this with the parking company.

    Arval have provided us with a copy of the letter they sent to you on 16th September which confirms that they will absorb the cost of this and arrange a credit to your account. Having read the letter we believe Arval have acted correctly and explained the reason for paying this fine.

    We hope the above resolution by Arval brings the matter to a satisfactory close and would like to thank you for bringing the matter to our attention.

    Kind regards

    <REMOVED>
    by BVRLA Resonse
    I've just fired this back at them;

    Dear <REMOVED>

    Thank you for your response but I do not agree. ARVAL backing down and agreeing to 'absorb' the cost of the PCN does not detract from the fact that it was paid incorrectly.

    Please find attached the response I sent to ARVAL on the 22nd of September in response to the letter you reference above. Also attached is an accompanying letter from Civil Enforcement LTD which proves that ARVAL interfering in this matter hurt my chances of appeal irreparably.

    I therefor request that you continue your investigation into the handling of the matter to ensure that such occurrences do not happen in the future. The crux of the matter is, ARVAL had no right to pay the charge from the private parking company yet I get the impression that ARVAL and the BVRLA seem to think that I've been done a favour by having the charge written off - it should never have been paid in the first place.

    I look forward to your response on the matter and the points I raise in my reply to ARVAL which have to-date been ignored by all parties involved.

    <REMOVED>
    ...then I noticed the use of the word 'fine' in the BVRLA response and got a bit miffed so sent this...

    It has also come to my attention that you use the word 'fine' in your response, further highlighting the complete lack of understanding in this matter.
    • Half_way
    • By Half_way 27th Sep 16, 6:00 PM
    • 2,817 Posts
    • 3,686 Thanks
    Half_way
    Arval have provided us with a copy of the letter they sent to you on 16th September which confirms that they will absorb the cost of this and arrange a credit to your account. Having read the letter we believe Arval have acted correctly and explained the reason for paying this fine.
    looks like they still don't get it, or the drone that wrote that doesn't get it
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • Computersaysno
    • By Computersaysno 28th Sep 16, 10:58 AM
    • 713 Posts
    • 521 Thanks
    Computersaysno
    It's a bit like the DVLA selling our data to PP scum...they know that it's wrong but the money is too good to ignore!!!


    Most hirecos know they shouldn't charge us for parking co's tickets....but they are happy to refund the few who complain and in the meantime bank all the money from those who don't fight it [the vast majority I would suspect].


    Nice little earner....
    Welcome to the world of 'Protect the brand at the cost of free speech'
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