Parking Charge - Humberside Airport

gamer375

Hi there,

asking for help for my mum!!!

She hired a car from Humberside Airport. She had to wait for the car upon collection as it had only just been dropped off by the previous user. She went to the car with a member of the hire car company. He entered the car via both the front and back doors to check the condition. He then handed the car over to my mum. She left the car park and was driving along the airport access road when she noticed the dashboard light was on showing the rear door was open - the door that the car hire man had obvioulsy not closed fully.

As she did not want to carry on driving thinking the door could fly open she pulled up in the safest place which happend to be the bus stop.

She stopped for a matter of seconds to secure the door and then carried on with her journey.

The hire car company has now forwarded a parking notice charging her £35 for the letter!

My question is how should she proceed (she is not planning on paying the parking "fine" and is going to ask the hire company for her £35 back which they have taken from her credit card)?


Many thanks in advance for any advice/help.

Redx

the hire co should name her as driver so she gets a pcn in her own name, then appeal and fight it at popla

see this thread https://forums.moneysavingexpert.com/discussion/4816822

gamer375

Thanks Redx.

So do i send a nice letter telling them what happened and asking them to let her off?

or

Do i add all the stuff at the bottom about not entering a contract/not being able to read the signs/ asking for estimate of their loss etc?

Thanks

Redx

I believe I was quite specific in what should be done, then come back when she gets a pcn in her own name

the what happened is rarely relevant and these companies rarely cancel

the first 2 tasks are for her to get the pcn sent by the PPC direct to her as driver, and insist on the £35 chargeback as well

gamer375

Sorry Redx.
She has had nothing in her own name.
The notice was forwarded by the hire car company.
They have said they have provided her details to the parking company. She has a copy of the notice from the hire company.
Your assistance is appreciated.

Redx

if the notice is addressed to the hire company and was forwarded, then the hire co should have notified the PPC of here name and address, so she should now be sent a PCN in her own name , an NTD and not an NTK

my point being that this is what now needs to happen, an NTD in her own name

she could write as driver to the PPC and name herself as the driver with her own address, appeal as driver and try to hook a popla code (I doubt they will cancel)

so like this

Dear VCS,

As the driver of (reg) I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke your appeals process as all liability to your company is denied on the following:

1) this charge is not a genuine pre-estimate of loss
2) your signage does not comply with the BPA Code of Practice
3) you do not have the authority or permission to issue invoices at this location
4) No Contract with driver
5) Misleading and unclear signage
6) Non-compliant ANPR 'hidden camera van' at this location which is not a car park These points and others will be raised with Popla should you not accept this appeal, and you will be expected to provide a full breakdown of of your alleged loss, and your full unredacted contract with the landowner.

If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

Please issue your cancellation within 35 days of this letter or supply a popla code to appeal to them.

Any communication that does not either confirm cancellation or include a POPLA verification code shall be reported to the BPA as a breach of their Code of Practice - the BPA recently issued guidance to all members to remind them of this fact. Such communication may also be deemed harassment and pursued accordingly.


Faithfully

she will get all kinds of guff back from them, but the important point will be a 10 digit verification code for popla

then search the forum using the search tool and the word humberside for recent popla appeals so you can adapt one for use at popla

Coupon-mad

The hire car company has now forwarded a parking notice charging her £35 for the letter!

She could write straight away to VCS and say the hire company has passed her a copy of their letter as she was the keeper of the car at the time, as defined in the POFA 2012. Then she continues the letter as an appeal as the 'keeper' like the other VCS appeals on the forum (there's one on page one written by a newbie about an Airport charge right now).

Not sure why you think you should send a letter, you are unconnected to the matter and Redx has already given you a link to the NEWBIES thread which was at the top of the forum all the time. All questions are already answered on that sticky thread ,with example appeals, or adapt one from another VCS/Airport thread. Obviously it goes in her name and she doesn't need to say who was driving (as explained in the sticky FAQs thread for NEWBIES to read first).

Redx

my apologies if its APCOA, I thought it was VCS so I put that in the template letter

either way , just make sure she uses the correct PPC name

Coupon-mad

My apologies! Humberside is VCS!!

gamer375

Have drafted a letter to the hire company saying its not covered by their T's and C's and she wants her money back.

Letter also says she will direct the parking company to the hire company as they are liable..... your thoughts would be appreciated. Still no letter to her from parking company and its been over a month since the original was sent to the hire company....

Coupon-mad

Has the hire firm definitely named her as driver and given her address to the parking firm too? They were supposed to do this - not just pass her the letter. If they haven't then they haven't followed their own Trade Body's guidelines and neither have they discharged liability.

Have a read of the Audi UK thread (look on the first 2 or 3 pages here now for it - only difference is Audi have stupidly PAID the PPC!). Anyway that thread shows what the BVRLA Trade Body says the company should do.

Letter also says she will direct the parking company to the hire company as they are liable

Not sure what you mean by that bit - basically she wants a PCN to appeal in her own name and she (separately) wants to protest about the £35. She should be saying among other things, 'when did you send the usual template letter advised by the BVRLA Trade Body, to discharge your liability under POFA2012 and to give my name and address as the driver? This was never just a matter of showing me the PCN the company posted to you, and I am of the view you appear not to have told the PPC who was driving, as I have not been sent my own PCN yet by them. This means not only have you left yourselves open to potential liability - easily discharged with one template letter from the BVRLA - but you haven't given me my rightful chance to appeal either. And for this mess you think you can charge me £35?'