Luton Airport fines... with a twist...

System

I've already given up for dead the £35 to the hire company.

I see wimping out is not an option in this forum!

No need to call it wimping as all you are doing it getting them to prove the T&C's are legitimate.

Credit card is one way or you can use their Trade Association (BVRLA) conciliation service which they are proud of

http://www.bvrla.co.uk/news/bvrla-confident-about-upcoming-adr-legislation

Remember to offer Enterprise the chance to refund it first before costing them a lot more than £35 for saying no...

bazster

Hahahaha, no we don't approve of wimping out!

https://enterprise.custhelp.com/ci/fattach/get/3107408/1405345537/redirect/1/filename/UK%20May%202014%201%20(1).pdf

Clause 5d: Additional Obligations - You shall pay to us on demand:
.....
- A reasonable administration fee for processing any fines or offences against the vehicle, you or us during the rental period

(My bold)

An APCOA speculative invoice is not a fine, and no offence has been committed, hence they have no right to charge an admin fee and you should demand it back from your card company as an unauthorised payment (assuming, of course, that your rental agreement reads the same as this one).

bod1467

Well done on finding that. Last time I looked they kept their T&Cs well hidden away prior to purchase/hire.

nigelbb

It's an awful cheek for a hire company to charge the hirer for forwarding their details to the PPC when if they don't forward the details then the hire company may liable for any unpaid parking charge under POFA 2012.

Half_way

Remember to offer Enterprise the chance to refund it first before costing them a lot more than £35 for saying no...

A credit card refund should only be used as a matter of last resort.
if possible call in and visit the enterprise car hire place where you hired it form in the first place, even better call in 10-15 minutes or so before closing and hammer you point home

Fruitcake

As others have said, put the credit card charge from Enterprise into dispute. Tell Enterprise you have done this and why (all in writing) requesting that they refund the £35. Supply your CC company with the Ts and Cs from Enterprise to show this was outside their remit hence the reason for putting the charge in dispute. If Enterprise don't refund the money, then go for the charge back.

I beat one of these on behalf of a colleague when Avis paid the whole parking charge, thus denying him the right to appeal. He got his money back.

I would also suggest a complaint to the BVRLA is in order. I can't remember the detail instructing hire/rental companies not to pay private parking tickets and to only forward the details of the hirer to the PPC, but I had a feeling they were told not to charge for this privilege. I may be wrong on this though.

bod1467

Fruitcake wrote: »

I can't remember the detail instructing hire/rental companies not to pay private parking tickets and to only forward the details of the hirer to the PPC, but I had a feeling they were told not to charge for this privilege. I may be wrong on this though.

BPA / BVRLA MoU (Dropbox link)

arabesque_101

There is a recent thread on MSE, and another recent thread on Pepipoo about an Enterprise hire car that incurred a private parking charge. In both documented cases, Enterprise refused to refund the $35 admin charge even though their terms and conditions didn't provide for the admin charge. In these two cases, the driver was told by Enteprise that if the parking charge is cancelled, let them know and they will refund the £35. In both cases, the admin charge was refunded by Enteprise after the parking charge was cancelled. Given the parking charge is from Apcoa, is not on relevant land and therefore very beatable, I would suggest the simplest route for the OP is not to fight Enterprise but simply appeal to APCOA as keeper (and POPLA too if required) and when the parking charge is cancelled, go back to Enterprise and they will refund the £35.00.

See:
http://forums.pepipoo.com/index.php?showtopic=96631&st=0
https://forums.moneysavingexpert.com/discussion/5198396

I would only bother going the route of challenging the credit card transaction if you were dealing with a parking company that was a member of the IPC.

bazster

Don't understand why you all want to pu55yfoot around on this. An unauthorised transaction is an unauthorised transaction and the card company is obliged to refund it. If that gives Enterprise a more expensive problem with the card company...good!

Fruitcake

bod1467 wrote: »

BPA / BVRLA MoU (Dropbox link)

Thanks for the link. It wasn't what I remembered as that was a letter/reminder to BVRLA members from I think the chairman telling their members that the only action they should take is to forward the details of the hirer to the PPC. The MoU sets it out much better.

bazster wrote: »

Don't understand why you all want to pu55yfoot around on this. An unauthorised transaction is an unauthorised transaction and the card company is obliged to refund it. If that gives Enterprise a more expensive problem with the card company...good!

I agree.


The BVRLA MoU says in section 4.3.1: -


"When a BVRLA members receive a PCN, which relates to a vehicle that was, at the material time, subject to a lease or hire agreement, then the BVRLA member will provide full written details of their customer or hirer to the BPA member that has issued the PCN where the contract allows them to provide the customer or hirer details."

My bold, and not my syntax error (a BVRLA members.)


Nothing there about charging for this service therefore that is down to the Ts and Cs of the rental company. If a charge for the service in section 4.3.1 of the BVRLA MoU is not mentioned, then it would be unlawful to charge a hirer for doing this.


So, no mention of charges by Enterprise about forwarding details of a PCN from BPA members is a berach of this MoU, and is unlawful as the hirer was not told in advance of this hidden charge.


As I said earlier, put the charge into dispute with the CC provider first. Contact Enterprise and point out the above section of the MoU and ask them to prove where a charge for passing hirer details in respect of a PCN from a BPA member is specifically covered by the Ts and Cs. If they can't do that, request the payment be returned pronto.


If Enterprise won't play ball, provide the same info to the CC provider to prove the charge is bogus, then complain to the BVRLA and BPA.


I'm not sure if complaints elsewhere could also be made.