Parking Charge Notice from ParkingEye Ltd. - Rental Car - Driver from outside UK

bazster

Upload the PDF to a file-sharing site such as Tinypic, then post a link to it. You will need to damage the link (e.g. remove "http://" from the front) so the site doesn't recognise it as a link, then I or someone else will fix it and re-post it.

Fruitcake

Alexil wrote: »

Regardingt the admin fee: We have now requested from Europcare to send us the rental agreement and is does not look that good. As I understand the English contract language Europcare has now covered itself against all kinds of cases. I can send you the PDF but I am nuot sure how to do that!

I have made extracts of the paragraphs of interest... but as a new user I am not allowed to post pictures...

Europcar do not know what they are talking about when it comes to private parking tickets. The have breached the Ts and Cs and the BVRLA (Rental company trade body) guidelines no matter what they say.


You still need to dispute this with the credit card company and get the money back. Once you have done that you can give everything else a stiff ignoring. You may need to show the BVRLA guidelines to the CC company in order t make this charge-back permanent.

Iceweasel

Alexil - please be assured that no court in England can hear a case on this type of parking 'dispute' concerning a German national resident in Germany - or who lives anywhere outside England and Wales.

They have no jurisdition over people resident outside England and Wales for parking in a private car-park.

They couldn't even hear a case regarding a UK citizen who lives in Scotland or Northern Ireland.

Ignoring will mean that they write a few more letters and then have to give up.

If you appeal to POPLA - they too have no authority to deal with anyone outside England & Wales so the whole thing comes to a halt.

No case to answer - end of story.

Good luck in your attempt to cancel the admin charge from the hire company.

Their T&Cs concern penalties and fines for speeding and parking in the street or council owned car-parks.

Private parking is completely different and outside those 'rules'.

hoohoo

Appeal to POPLA, on their web site on the following points.

1) The charge was not a genuine pre-estimate of loss
2) The signage was not adequate to form a contract between driver and operator
3) The operator does not have authority to issue tickets
4) The notice to keeper was received after 14 days, and the keeper was not the driver. Therefore keeper liability does not apply.

This should be enough. ParkingEye do not even bother to fight POPLA cases these days.

Your POPLA code should be valid for 28 days, but check
http://www.parkingcowboys.co.uk/popla-code-checker/
just to be sure

Meanwhile, start a chargeback process to get your money back from the rental company. Once you have a POPLA win you will be able to show the parking charge was not valid and so it should never have been issued.

Alexil

Hello everyone!

Thank you for the many replies! Maybe it will work this way with the extracts from the T & Cs :

imagizer.imageshack.us/a/img674/1378/0JrwgL.jpg
imagizer.imageshack.us/a/img661/3135/fN1nCd.jpg

HO87

These links can now be used:

http://imagizer.imageshack.us/a/img674/1378/0JrwgL.jpg
http://imagizer.imageshack.us/a/img661/3135/fN1nCd.jpg

If the OP has been charged just the admin fee then I believe this is covered under Clause 10 as much as it may well be covered in Clause 3 where the word "charges" is used.

Hot_Bring

As we seem to have a moron stopping proper threads being displayed ..... bounce.

jkdd77

HO87 wrote: »

These links can now be used:

http://imagizer.imageshack.us/a/img674/1378/0JrwgL.jpg
http://imagizer.imageshack.us/a/img661/3135/fN1nCd.jpg

If the OP has been charged just the admin fee then I believe this is covered under Clause 10 as much as it may well be covered in Clause 3 where the word "charges" is used.

Even if the charging of an 'admin fee' is purportedly authorised under contract, I believe that:
1) under the proper construction of the contract, it can only relate to charges which Europcar are obliged to pay, which this is not;
2) in the alternative, it can only relate to lawful charges, which this is not, and;
3) any such clause is likely null and void under the Unfair Terms in Consumer Contract Regulations 1999- all the more so given the BVRLA guidelines.

Alexil

hoohoo wrote: »

Appeal to POPLA, on their web site on the following points.

1) The charge was not a genuine pre-estimate of loss
2) The signage was not adequate to form a contract between driver and operator
3) The operator does not have authority to issue tickets
4) The notice to keeper was received after 14 days, and the keeper was not the driver. Therefore keeper liability does not apply.

This should be enough. ParkingEye do not even bother to fight POPLA cases these days.

Your POPLA code should be valid for 28 days, but check
XXX
just to be sure

Meanwhile, start a chargeback process to get your money back from the rental company. Once you have a POPLA win you will be able to show the parking charge was not valid and so it should never have been issued.

Hello to everyone and thank you again for the replies.

Well... regarding the POPLA thing I believe the problem just solved itself. I just checked the link that you have provided plus the code on the document and it turns out: The time to appeal was already expired when we received the letter... :mad::mad::mad:
Honestly... I lived in the UK for 6 months already and it took my mail 3 days to arrive at my parents place... I don't understand what they are doing that it takes soo damn long!

Anyways: From all your posts I understand that we should not do anything now. Just sit and wait and ignore the letters they will send and after a while it will stop by itself? I am sorry if I sound a little unbelieving... I am just afraid, that they are actually able to do something... What if I still would want to do the POPLA appeal: Is there a chance to get a new document or something or to get the letter extended?

I am still reading around regarding the admin fee/charge... and will reply to that later on

Alexil

Hello, I have now prepared my reply to Europcar:

To whom it may concern,
I hereby protest the application of an administration fee and the charge of the mentioned fee to my credit card based on the following reason:
· You have provided my personal details to a third party which is – according to your terms and conditions – non of the mentioned “reference agencies, DVLA, HM Revenue & Customs, the police, debt collectors & any other relevant organization” (Source: T&Cs 10.5). As the request to provide my personal details was issued by a private company which is neither authorized nor has any legal basis to claim that information according to your T&Cs you have breached your own contract by handing over my contact details to that company. Therefore – according to you T&Cs - there is no contractual basis for applying the administration fee in the first place. Furthermore I am currently reviewing to take legal action against you for handing over any details of the rental agreement that I have concluded with you assuming that you safeguard the information according to your T&Cs which you have not done!
Therefore will hereby advise my credit card company to retrieve the administration fee that you wrongly and on no contractual basis charged my credit card with.
Furthermore I will protest about your outrageous conduct to the BVRLA.
Sincere regards,


What do you think? Did I forget something? Should I write something about the parking charge as well? Europcar states in their T&Cs: [FONT=&quot]You agree to be responsible for & will pay the following to Us! But we never hjad to pay anything to them! So it's basically about them handing over my details, right?![/FONT]