Parking Eye charge notice - can they take a foreign tourist to court?

bazster

Well the simple answer to the simple question is no, they cannot bring an action in the English county court against a non-resident of England or Wales, so ignore them.

If they now have your address in Scotland they might try to pull a fast one by filing a Money Claim Online giving the Scottish address but omitting the word "Scotland", so if court papers land on the doormat, write to the court and tell them that not only does the person ParkingEye are trying to sue live in Slovakia, but the address they have filed is in Scotland (they can't even bring a Money Claim Online in Scotland, let alone Slovakia). This should get the claim struck out before it's even started.

As for Enterprise, check the rental agreement carefully. Rental agreements often state that an admin fee will be levied for handling parking fines or offences (this is neither) but fail to mention private speculative invoices, which is what this is. If this is the case with this agreement the card holder should complain to the card company that an unauthorised payment has been taken and demand that it be re-funded.

Coupon-mad

If you want the Enterprise Admin fee back you need to appeal and state there is no keeper liability in Scotland and the driver is in Slovakia...keep replying and bothering PE - online on the appeals portal page or by email to enforcement@parkingeye.co.uk to get it cancelled then show Enterprise and they will refund the fee.

getmishaout

bazster wrote: »

...As for Enterprise, check the rental agreement carefully. Rental agreements often state that an admin fee will be levied for handling parking fines or offences (this is neither) but fail to mention private speculative invoices, which is what this is. If this is the case with this agreement the card holder should complain to the card company that an unauthorised payment has been taken and demand that it be re-funded.

I have contacted Enterprise about this as well, pointing out that it was not a fine but an invoice and their Ts & Cs did not include invoices. The email I received back absolutely ignored the fact it is not a fine and kept using the term, and on top of that answered questions I did not ask and ignored the ones I did ask. Of course.

"...Parking Eye are part of the British Parking Association (BPA) and Enterprise are held accountability for the fine. In this case we have transferred the fine over into your name.
To supply you with some information on parking companies and why Enterprise deal with these notices:
..."

getmishaout

Thank all who answered! I have appealed to both Enterprise and Parking Eye. Enterprise rejected to return the fee unless we prove we won the case and overturned the notice. Yet to hear back from PE (expecting a resolute no).
Another thing - they have misspelled my father's address on all correspondence. The post office has delivered the letter so far, as they are used to random mess ups on letters delivered from abroad and deduced where the addressee lives. Could it however further undermine the case against us?

bazster

I repeat: the card holder should complain to the card company that an unauthorised payment has been taken and demand that it be re-funded.

Castle

bazster wrote: »

I repeat: the card holder should complain to the card company that an unauthorised payment has been taken and demand that it be re-funded.

+1; The sooner you do this, the better.

Coupon-mad

Enterprise rejected to return the fee unless we prove we won the case.

I know, that's why I said keep replying using PE's email address until they cancel it. Once cancelled even if it's in months' time, Enterprise must refund you as they promise to do.

getmishaout

Just to let you all know, ParkingEye cancelled the ticket without any struggle. We then forwarded the email to Enterprise and they returned the money (despite the fact they didn't have any right to deduct it in the first place and refused to admit it). Thank you all for the help!

bazster

Well done, glad it worked out!

Castle

getmishaout wrote: »

Just to let you all know, ParkingEye cancelled the ticket without any struggle. We then forwarded the email to Enterprise and they returned the money (despite the fact they didn't have any right to deduct it in the first place and refused to admit it). Thank you all for the help!

Well done; just remember not to use Enterprise in the future!