Received private ticket (sainsburys car park) on Rental Car

olic

I was parked in a Homebase car park in a rental car, just across the road from my house from 1833 till 1130 a few weeks ago. I had no idea they would fine me for this, as the car park was completely empty all night and is every night - Homebase closes from 8 and the sainsburys car park next door is completely free to park.

However, I received a letter from Enterprise a week after renting the car saying that they had received a fine and I realised that it was from this car park. Enterprise charged me £35 fee which i have to pay on top of the £75 parking ticket...I really cant afford this!

I had another look in the car park and there are lots of signs and there are two ANPR cameras (number plate recognition) which automatically logged the time I was in the car park for and sent me a ticket, as it was over 2 hours.

I called enterprise to say that I lived across the road and the ticket was quite unfair, but they said I would need confirmation from the company that the fine had been cancelled before they take away the admin fee... I would just not pay the fine, but the problem is, I am guessing that Enterprise will be getting the debt collection notices...which they might pay and charge me for!

Can anyone offer any help here?

Coblcris

What is the exact wording of the lease agreement re fines etc ?

peter_the_piper

Bearing in mind that Sainsburys bits of paper are just that and definately NOT fines.

Coblcris

Perfectly on point. Bu the exact wording of the agreement is important.

jd87

Presumably the OP doesn't have the exact wording as the fines will have been sent to the car rental company.

peter_the_piper

WHAT FINES?
The OP would have signed a hire agreement which could state that he/she is responsible for all fines, it could say all parking charges and fines etc. If it only says Fines then he should contact hirer to say they are he does NOT authorise payment of invoices only those issued by the police and recognised Councils.

olic

Thanks for the help guys, heres what the letter says:

'we recently received notification of the enclosed violation notice for a vehicle that was rented to you at the time of violation.

As a reminder your signature on the rental contract allows enterprise full authorisation to process any applicable charges for administration fees for violations incurred during your rental period on your credit/debit card.Pursuant to the agreement provisions we are notifying you of your liability and we will process the following admin charges on your card.

For your convenience we have made representations to the relevant council/police force who will in turn reissue the penalty charge directly to you. At that stage you are given the opportunity to pay the fine/fixed fee to them or appeal against the ticket.'

I only just noticed it says they will pass on my details, but I havent received anything since this letter sent on 25th June...

I think I will call them at lunch and basically quote what you posted peter piper, see what they say. Thanks for this help!

sarahg1969

You need to read the terms on the rental invoice re parking charges. They usually only refer to penalty charges. Sainsburys have issued nothing more than an invoice.

They even refer to the council/police authority in their letter. Which suggests that they either know they shouldn't be invoicing you for a private notice, or they have not even spotted it's not a PCN or FPN.

Coblcris

jd87 wrote: »

Presumably the OP doesn't have the exact wording as the fines will have been sent to the car rental company.

My apologies, I should have been explicit. The exact wording of the car lease (or rental) agreement is important.

olic

Thanks Sarahg, i don't have the terms on me, but will have a look at them when I get home later to check. I have a feeling they include PCNs though...

peter_the_piper

Great, if they say, explicitly, PCN's or Penalty Charge Notices then you have a get out as the terms don't include invoices from Sainsbury/PPC.. The term Penalty Charge Notice can only be used by a council/police as can a Fixed Penalty Notice (FPN) Use by any other is not allowed.
PPC's often use PCN unlawfully but call them Parking Charge Notices whilst implying they are official ones which they are not.