Parking Eye

The_Slithy_Tove

henauvin wrote: »

I have said all that to the car hire co who simply tell me I am wrong and keep reiterating that the law "now allows the PPCs to sue me"

That is very different from what you said originally. The PPCs always could sue you, and they still can. I can sue you if I want; there's nothing stopping me. That's a hundred miles from them having any legal status.

Their Ts&Cs are key. Saying who can sue who is a completely irrelevant distraction from the FACT that they are breaking their own terms and conditions. Focus on that, and do not get hauled into irrelevant sideshows.

henauvin

Understood thx. I will write
Thanks everyone for your help

Stroma

The_Slithy_Tove wrote: »

That is very different from what you said originally. The PPCs always could sue you, and they still can. I can sue you if I want; there's nothing stopping me. That's a hundred miles from them having any legal status.

Their Ts&Cs are key. Saying who can sue who is a completely irrelevant distraction from the FACT that they are breaking their own terms and conditions. Focus on that, and do not get hauled into irrelevant sideshows.

You forget one thing though, the OP is in France living, they never do court in the UK let alone in countries away from here. This will never see a court ever

henauvin

Just one quick further thought... my wife and I were both contracted drivers of the hire car. Is it of any relevance that neither the Hire Co, nor the PPC know who was driving that day? Who would anyway be responsible, me as the contract owner or my wife as the driver that day?

Stroma

Only the driver is responsible, but unless you tell them they are not going to know one way or the other. I would just go with I hired the vehicle on that day, here is my name and address in france, good luck trying to chase me for it the last part is optional lol

Half_way

If you want your £35 back then you need to get in touch with the hire company ASAP, you will need to write them a nice simple letter:


To (car rental company)

On the ---- you charged me a £35 administration fee in respect to a private parking charge from parking eye, under the following terms in my hire contract:

"I ACKNOWLEDGE THAT FOR THE PERIOD OF THE RENTAL I SHALL BE LIABLE AS THE OWNER OF THE VEHICLE FOR ANY FIXED PENALTY OFFENCE COMMITTED WITH RESPECT TO THE VEHICLE OR ANY PENALTY CHARGE NOTICE, ANY EXCESS CHARGE OR PENALTY CHARGE FOR PARKING OR BUS LANE CONTRAVENTIONS WHICH MAY BE INCURRED AND PENALTY CHARGES INCURRED UNDER A ROAD USER CHARGING SCHEME"

Private parking charges are neither penaltys, offences, nor are they issued by any statory authority or body and as such you are in breach of your own terms and conditions, unless you re fund me the incorectly charged administration fee, then i may consider taking legal action to recover the £35 plus any aditional costs, such as court fees, travel expenses etc etc.

Send something like that off ( someone else may be able to refine it) then work at yourcredit card compnay to get a chargeback.

theres a simalar situation about Hertz paying a parking charge+admin fee on pepipoo here http://forums.pepipoo.com/index.php?showtopic=76521

henauvin

Have the following helpful response now from Parking Eye
"
Thank you for contacting ParkingEye.

If this email relates to an appeal, please email appeals@parkingeye.co.uk as appeals will not be dealt with via this email address.

For any press/info enquiries, we’ll respond shortly."

henauvin

Also an unopenable attachment....:)

henauvin

OK... Enterprise have now agreed to refund the £35 charge following the "Letter before Action"

Interestingly this was agreed, not by their "Traffic Violations Department" but by Group Rental Manager in Cardiff (let me know if tel no would be useful). Interesting also that he commented:

TFD are paid entirely by such Admin fees. so defend these vigorously
He does consider their contract to be legally "watertight"
He will agree to refund every time.. they have absolutely no appetite to incur legal costs for £35. It is just not worth the hassle (his words!)
I have also had a concerned response from Halfords wishing to better undesrtand the activities of the parking company in Swindon

Thanks for help from all of you.

Stroma

You're welcome glad they have refunded you on this, the concerning part is of course that someone must resort to threats of court action to get a refund. As for halfords go for gold with them, insist that they cancel this fake ticket, it's not a complaint but a demand.