The most expensive KFC ever!!!!

RuncornGaz

Hi MSE bloggers, I hope you can help.

I have read with interest the various threads about parking charge notices and the advice to just ignore them. I couldn't find any thread that fit my exact circumstances however, so any advice much appreciated...

Last month I crashed my car and had to take out a hire car through enterprise. During the time I was renting this car, I was issued with a PCN from the infamous Excel Parking, for the store at the Peel Centre in Stockport.

The store must have cameras on the entry/exit, because my hire car was photographed entering and leaving 32 mins apart. The contravention notice said I had failed to obtain a ticket. However ...

I was using the car park to visit the KFC restaurant, which is part of the Peel Centre retail outlet, whose car parks are operated by Excel. there is reserved parking for KFC customers (red bays instead of white), which states maximum stay 15 mins. The implication, and i have checked this with the KFC store manager, is that the parking for their customers is free so long as you don't exceed the stated time.

As it often does with this particular KFC store, it took me ages to get served, and when I returned to the car I had obviously exceeded the 15 mins stated.

A month later I receive a PCN, forwarded via enterprise (with a £35 admin fee!) for £60, giving me 14 days to respond. Enterprise took 17 days to forward this notice, taking me into the £100 penalty bracket. Meaning that if I pay, it will cost me a total of £135 for a box of popcorn chicken. Now I like the colonel as much as the next man, but even that is pushing it!!!

Ordinarily I would just ignore the notice, but the fact that it has been issued through the hire car company scares me because I don't want further admin charges from them. To top things off, the letter that enterprise forwarded me was missing the second page of the PCN, which supposedly had the appeal process and how to pay written on it!

I have spoken to both Excel and Enterprise. The parking company advised me to appeal via their website and said they would reduce the fee back to £60 if I could prove enterprise had delayed in forwarding the notice on. enterprise said they would cancel the £35 admin fee if the appeal was successful.

What should my next steps be?
Thanks in advance

atilla

Tell Excel to go do one and demand your money back from Enterprise.

BASFORDLAD

Well the first step is to get out of your mind about paying excel anything ,

hillcats

The hire company shouldn't have charged you to forward what is a speculative invoice, there is another thread that you need to follow its lead and recover your £35.00 - I will look for the link, maybe somebody may know where it is first...?

http://forums.pepipoo.com/index.php?showtopic=62531

Thanks Crabman

Crabman

hillcats wrote: »

there is another thread that you need to follow its lead and recover your £35.00 - I will look for the link, maybe somebody may know where it is first...?

These should help:

http://forums.moneysavingexpert.com/...php?p=54661735

http://forums.pepipoo.com/index.php?showtopic=62531

You can thank Coupon-mad as I pinched these from one of her previous posts on a similar topic.

Stroma

Enterprise are breaking the bvrla guidlines on this, they should have sent the letter back to Excel stating it was a hire car for free, then excel contacts you directly. You need to check the T&Cs of hire I would stake my house on them not mentioning private parking company tickets, and only fines and penalties.

So they would be in breach and should return your money. If they refuse try a chargeback on your card . Or threaten to sue them for it. You need to reply to Excel with your name and address don't admit liability though, as soon as they are writing to you just ignore them

RuncornGaz

Thanks for the replies everyone

I can't find any T&Cs for Enterprise as the hire was a while ago and I didn't keep the paperwork once I had returned and paid for the car.

Do I just write to them demanding my money back, stating they should have forwarded the letter onto me? It says in the enterprise letter that the contract I signed with them accepts liability for any penalty notices and that I must pay the admin fee ... As I don't have that paperwork anymore I can't really contest it can I?

Regarding Excel, will they write to me at all? As enterprise did not forward on the second page of the PCN, I had to phone Excel asking for the appeals address. They just have me the website address and asked me to fill in a form online, which incidentally I cannot find.

Cheers again

Tilt

As mentioned, Enterprise will make an admin charge for dealing with official PCN/FPNs issued by LAs or the Police. This however, is a civil matter thus meaning that Enterprise have breached their own conditions because a PPC cannot issue a 'penalty' or 'fine'. Their t & c's clearly state: "A reasonable administration fee for processing any fines or offences against the Vehicle, you or us during the rental period",

https://enterprise.custhelp.com/ci/fattach/get/1656163/1327956133/redirect/1/filename/301063-U1_LR_Flat.pdf

This is neither a fine or an 'offence' thus meaning their is no admin charge payable.

Stroma

This looks like it, no mention of parking charges by private companies, so their deduction is in breach of that. They mention penalty charges this is not that
https://enterprise.custhelp.com/ci/fattach/get/1656163/1327956133/redirect/1/filename/301063-U1_LR_Flat.pdf

Stroma

Tilt beat me to it lol

RuncornGaz

Thanks guys, so do I just write to the parking violation team at enterprise quoting what you said and asking for a refund?

When I spoke to their lady on the phone, she said she knew excel very well and told me enterprise had passed on my details to them. Surely, if they know about Excel then they know that the PCNs issued are not legally binding, therefore they should not charge me a fee?!

Am I likely to be successful with the enterprise appeal ...
Thanks