Bit of a confusing one....Empark ticket for rental car...

Ellie007

Hi,

Looking for help on behalf of a friend please. He was in a rental car.

Facts: caught on camera 'vehicle stationery in a Restricted, No Stopping Zone' at Stansted Airport.

Date of incident: 17th Feb 2013.

Parking charge notice date: 8th April 2013

Hire company subsequently appealed and gave my friends details as the driver (which is correct).

Empark then issued a copy of the PCN to my friend on 19th April 2013 asking for payment.

So......if he had been the registered keeper, then he could have appealed as Empark took nearly two months to issue the notice, rather than 14 days? Where does he stand having got the notice second-hand? Should he appeal, ignore, or pay?

Any help much appreciated, thank you.

Forensic

DEFINITELY DO NOT PAY. That must be made clear because this is not a legal charge.

As this is not parking issue, nothing to do with POFA nor POPLA you can happily ignore. Nobody will be able to sue him because his action never cost the airport a penny. If you try to communicate with them they will produce the same old rubbish that you were bound by the terms and conditions, and that by driving onto the premise you "agreed" to these but that is a load of cobblers. It is a scam, do not pay.

Ellie007

Thank you.

Is there any fear though that if they cannot get my friend to pay up, they will revert back to hassling the hire company (as I would have thought he signed something along the lines of being liable for any fines, PCNs etc. during the rental period). Or is the fact that they have declared him the driver mean that the parking company cannot continue to pursue the rental company?

It would be simple to ignore, or appeal if it had been his own car, as the notice was massively late as it was issued two months after the event, and no original ticket given.

Perhaps the hire company bit is irrelevant?

Coupon-mad

''Empark then issued a copy of the PCN to my friend on 19th April 2013 asking for payment.''


Why on earth didn't he just appeal when he got that? YES there is a danger that Empark will start writing to the Hire Company again if he doesn't respond. Even though they shouldn't! And the hire co might just pay it and charge him!

He should appeal now and demand a POPLA code. Do it today/tomorrow and he may just be in time if he didn't receive the letter until about 28 days ago. Do not scrutinise the scammers' letter or deadline they've given or not given - JUST APPEAL on any grounds and demand a POPLA code.

Then come back here for help when they reject. In England/Wales, yes?

Ellie007

Thanks Coupon-mad. Like a lot of people, he assumed that he would have to pay. As he is a 'hirer' then it is section 13 of schedule 4 of POFA that comes into effect?

peter_the_piper

""I would have thought he signed something along the lines of being liable for any fines, PCNs etc.""
Yes he probably did, but not random private companies sending invoices.

Did they actually cancel the original ticket and then reissue one to your friend? Is so I believe that is out of order.

Coupon-mad

Coupon-mad wrote: »

He should appeal now and demand a POPLA code. Do it today/tomorrow''

Has he done it yet? Appeal! Demand that POPLA code but the clock is ticking - as the driver he is allowed to appeal and use POPLA but he's lost a lot of time.