PCN and care hire

Coupon-mad

StaffsSW wrote: »

Ring the BVRLA and ask to speak to a Sally Catchpole - 01494 545715 - she looks after member complaints and provides a conciliation service for vehicle hire disputes. Hertz are members of the BVRLA, so they will listen to your complaint and mediate for you.

Do this exactly.

Premier Park Ltd

You will need to show that the Notice to Keeper was not compliant with the POFA schedule 4 (which Premier Park Ltd ones are not, POPLA agree, it's been posted about recently in the POPLA decisions sticky thread). As such there was never any keeper liability so Hertz had as much business paying this as they would have done paying your Council tax then billing you, or even paying a Nigerian email scammer for you then saying 'look what we've done for you!' They've paid something that wasn't their business to pay; it's not a fine, not from any authority.

It wasn't 'POFA compliant' in wording (see the POPLA decisions thread recently) and the t&cs you signed don't cover this sort of invoice. It was only YOUR invoice to appeal and win.

DaveCC

I have tried to contact Sallie Catchpole as advised but couldn't reach her. I will try again tomorrow.

@Coupon-mad: who do I need to show that the Notice to Keeper was not compliant to? Hertz, my bank, the BVRLA, all of them? Do I just send a letter / email explaining why this wasn't compliant?

Thanks,
Dave

Fruitcake

DaveCC wrote: »

I have tried to contact Sallie Catchpole as advised but couldn't reach her. I will try again tomorrow.

@Coupon-mad: who do I need to show that the Notice to Keeper was not compliant to? Hertz, my bank, the BVRLA, all of them? Do I just send a letter / email explaining why this wasn't compliant?

Thanks,
Dave

All of them I would think, as well as reiterating that the charge was outside the hire company Ts and Cs so is in effect theft.

DaveCC

OK, so I've talked to Sallie Catchpole from the BVRLA. She said that the BVRLA only recommends that car rental companies pass on the hirer's details to the PPC, but that they also have the choice to pay the Parking Charge Notice as legal owners of the car, and by doing so they are not doing anything wrong from the BVRLA point of view. I also mentionned that it was not a fine but she told me that the BVRLA considers PCN from PPC as a legal fine and deal with them as such. So I don't think they will assist me at all...

Fruitcake

DaveCC wrote: »

OK, so I've talked to Sallie Catchpole from the BVRLA. She said that the BVRLA only recommends that car rental companies pass on the hirer's details to the PPC, but that they also have the choice to pay the Parking Charge Notice as legal owners of the car, and by doing so they are not doing anything wrong from the BVRLA point of view. I also mentionned that it was not a fine but she told me that the BVRLA considers PCN from PPC as a legal fine and deal with them as such. So I don't think they will assist me at all...

I bet the terms and conditions in the hire agreement don't mention a PCN from a PPC, only fines and penalties, therefore they cannot charge you for something that wasn't specifically mentioned. The word fine won't appear on the PCN so they can't charge you for something outside the Ts and Cs.
Also, by paying the PCN, they have denied you the right to appeal so that forms an unfair contract.

stupa724021948

I have a similar letter from Hertz regarding aparking fine at Woodfileds Retail Park in Bury. Hertz hade debited my credit card with the same amount 50 pounds + 42 pounds admin.I have only received the letter from Hertz in the last few days,and there is another charge on my credit card for 120 pounds,which is probably because I didn't pay the first charge.
Is it too late to appeal, and get my monies refunded from Hertz. I have contacted my credit card company,and disputed these payments. Where do I go from here.
Thanks
John

Fruitcake

stupa724021948 wrote: »

I have a similar letter from Hertz regarding aparking fine at Woodfileds Retail Park in Bury. Hertz hade debited my credit card with the same amount 50 pounds + 42 pounds admin.I have only received the letter from Hertz in the last few days,and there is another charge on my credit card for 120 pounds,which is probably because I didn't pay the first charge.
Is it too late to appeal, and get my monies refunded from Hertz. I have contacted my credit card company,and disputed these payments. Where do I go from here.
Thanks
John

You need to start your own thread rather than ask questions on someone else's, otherwise you won't know who the advice is for.


Scroll up to the top right hand corner of this thread, find Forum Jump then click on the word Go. That takes you to the main page where you then need to click on and post up your query there.


Alas it is bedtime for me so I can't help right now.

stupa724021948

Sorry about some of the typing. The parking charge was issued on the 19.5.2015,at Woodfield Retail Park. I was here on holiday from Australia.
The notice date on the Hertz invoice is 18.06.2015.
Thanks John.

bazster

Hertz' position is doomed under 14.2. They were never required to pay anything, all they needed to do was to pass on the hirer's details.

Time to stop poncing about with Hertz and demand a refund from the card company for an unauthorised payment.

Fruitcake

stupa724021948 wrote: »

Sorry about some of the typing. The parking charge was issued on the 19.5.2015,at Woodfield Retail Park. I was here on holiday from Australia.
The notice date on the Hertz invoice is 18.06.2015.
Thanks John.

You still need to start your own thread as already advised.