fine in moto services for overstay...enforceable?

olias

Hi all,

Two parts to this question.

On a recent long overnight journey i pulled into a MOTO mmotorway services for a snooze. Do not remeber seeing any signs but lets assume they were there. I have recieved a 'fine' of £100 for not paying after an initial free period of, i think, 2 hours. Is this enforceable, or can i just ignore?

Secondly, i was in a europcar hire van, and they (europcar) have invoiced me £36 'admin fee', for giving MOTO my details. Again, is this enforceable?

Any advice appreciated. Thanks.

Olias

matttye

Firstly, don't ignore it but appeal based on the advice in the newbies thread.

Secondly, it probably is if you agreed to such a charge when you accepted their terms and conditions. If you didn't, then no it's not.

olias

Thanks,

Have done some searching and undeestand it is MoTOs policy to cancel fine if break was taken for reasons of safety, so will contact them.

I have checked t and c of europcar and it just states driver liability for fines etc and its obligation to provide details of driver. It mentions nothing about admin costs. They state they will take money of my credit card which was used for deposit and whos details they hold. Presumably i can apply to my cc company for tne money back?

Olias

Half_way

Secondly, i was in a europcar hire van, and they (europcar) have invoiced me £36 'admin fee', for giving MOTO my details. Again, is this enforceable?

Check the terms and conditions for the hire company - a quick check on google shows this http://www.europcar.co.uk/EBE/module/render/terms-and-conditions-specific-terms-per-country?countrySelector=termsandconditionsblocknewele-44

You are liable for the payment of all charges, fees & costs arising from any congestion charge, bus lane penalties, speeding fines, road traffic offence, or parking offence involving the vehicle, including costs from the vehicle being clamped, seized or towed away & any charges/costs (or failure to pay) of the appropriate organisation if & when they ask for these payments and our £36 administration fee.

You have committed no offence - it clearly states this:
congestion charge: No not a congestion charge

bus lane penalties: not a bus lane penatly

Speeding fines,: It wasnt a speeding fine

road traffic offence, not a road traffic offence either

Parking offence - This is probably what they think they (europcar) have, however no offence has been commited as CP plus are not a statutory authrity, they are nothing.

Do not ignore the charge, challenge it with COP plus and POPLA if required.
Also get in touch with europcar and query the charge, if your terms are the same as above Tell them that you appear to have been given a £36 admin fee for something that is contrary to the agreed terms and conditions, ask them for clarification or an immediate re fund of the erroneous admin fee.

Come back here when they reply and state what they say.

Dont ignore the parking charge - challenge it
Get on europcars case

enfield_freddy

yup eurocar say FINES this is not a fine , its an unsolicited invoice .

matttye

olias wrote: »

Thanks,

Have done some searching and undeestand it is MoTOs policy to cancel fine if break was taken for reasons of safety, so will contact them.

I have checked t and c of europcar and it just states driver liability for fines etc and its obligation to provide details of driver. It mentions nothing about admin costs. They state they will take money of my credit card which was used for deposit and whos details they hold. Presumably i can apply to my cc company for tne money back?

Olias

Write to your CC company telling them you withdraw consent for europcar to charge your card in accordance with Regulation 55(3) of the Payment Services Regulations 2009 until further notice. If they ignore your wishes you're entitled to a full and immediate refund.

Write to europcar telling them the debt is denied and ask them on what authority they believe they can charge you an admin fee.

Half_way

Have done some searching and undeestand it is MoTOs policy to cancel fine if break was taken for reasons of safety, so will contact them.

Fer Fooks sake this is not a fine, no wonder these companies get away with this sort of stuff.

This is a speculative invoice, no more no less - please understand that.
Do not whatever you do refer to it as a fine when dealing with the minions at europcar you will make it harder for yourself to get your money back that they have wrongfully taken from you.

Do not think of any dealings with CP plus moto or anyone else as an Appeal, this gives the whole rotten thing that is the private parking industry far too much credence, you have nothing to appeal you have done no wrong you have committed no offence, you are challenging the validity of their claims not appealing.

Redx

if Europcar cannot follow the BVRLA advice from jan 2014 then its time they did some catching up

this is a parking invoice, so as your contract does not specify "parking invoices" then its invalid and you get you money back

they need to learn to name the keeper to the PPC in order to absolve themselves under POFA 2012, but they seem light years out of date IMHO

GET THE CHARGE BACK , FORCIBLY IF NECESSARY

enfield_freddy

and if MOTO motorway write back saying no offence took place , how can eurocar charge you ,


contact moto by mail or even your email save and print out

Half_way

enfield_freddy wrote: »

and if MOTO motorway write back saying no offence took place , how can eurocar charge you ,


contact moto by mail or even your email save and print out

I wouldnt put money on moto saying that your more likly to get fobbed off with some anodyne statement about ensuring availability, nothing to do with us contact CP plus etc etc