Windscreen ticket on hire vehicle in own spot

Mr_Stroopwafel

Hi,
Rental vehicle in my name got a PCN when parked in my own space in a block of flats, normally I would be fine proceeding if it was my personal car but since this was a rental I was wondering if someone can advise on the best way to proceed, because I will be facing a charge from the rental company also for administering the charge which is nearly the same as the early payment price of the ticket - even if it gets cancelled.

Do I just use the standard letter here and then insert my evidence?

Thanks

pappa_golf

read the newbies thread , it even makes suggestions for people in your position https://forums.moneysavingexpert.com/discussion/4816822

Mr_Stroopwafel

Thanks, I've read that so I understand I need to appeal ASAP and tell the rental company not to pay it as I'm dealing with it myself.

However I looked at the two examples and neither is really my situation as I have a window notice. I'm also confused as to who is the keeper as it's a short term rental (i.e. Hertz, Thrifty, Enterprise) while my permanent car is in the garage not a longer term lease but those letters state the hirer was the keeper...

They also contradict the advice to appeal ASAP as yourself? but I guess that's because they didn't get a window notice?

Redx

you appeal as KEEPER/HIRER/LESSEE of the vehicle in order to get a pcn in your own name , as LESSEE (YOU are the KEEPER of the vehicle , as LESSEE)

do not admit who was driving

use the appropriate template depending which trade body they are in

as its only an invoice, tell your hirer/owner to follow the BVRLA guidelines 2014

Fruitcake

Mr_Stroopwafel wrote: »

Thanks, I've read that so I understand I need to appeal ASAP and tell the rental company not to pay it as I'm dealing with it myself.

However I looked at the two examples and neither is really my situation as I have a window notice. I'm also confused as to who is the keeper as it's a short term rental (i.e. Hertz, Thrifty, Enterprise) while my permanent car is in the garage not a longer term lease but those letters state the hirer was the keeper...

They also contradict the advice to appeal ASAP as yourself? but I guess that's because they didn't get a window notice?

You were the keeper on the day of the alleged event. Contact the rental company in writing and tell them not to pay as you are dealing with this. Remind them that they are BVRLA members and therefore must not pay this on your behalf.

The NEWBIES thread does cover your case, but you haven't named the parking scumpany so we can't tell you which template to use, although the NEWBIES does.

In addition, what does your lease say about parking? This is important.

Mr_Stroopwafel

Thanks for the replies.

It's Minster Baywatch. Just spoke to another tenant in the same block and they are apparently reasonable when he called (I know this isn't recommended) but having said that he hasn't yet had his cancelled either!

Actually the lease is in my girlfriend's name but she doesn't have a car, we just checked and it doesn't say much about parking other than:

Park private vehicles only
Park in space allocated to premises
Park in driveway if applicable [Not applicable]
Not to leave any vehicles in the allocated bay when you move out, and don't leave any oil or clean up spillages.

It doesn't actually say which bay other than the agent has handwritten "Bay XX" on the front of the inventory.

Ironically people using this spot before, without permission have never been ticketed...what a great company!

Thanks for the help.

Mr_Stroopwafel

One last thing, if I email the rental company how can I avoid them charging the admin fees? Is it enough to just say don't pay it and don't pass on my details?
Thanks in advance

Grimble

Always in writing, never phone, you have no proof of what was said and by whom.

Mr_Stroopwafel

Grimble wrote: »

Always in writing, never phone, you have no proof of what was said and by whom.

oh yeah I definitely woudn't phone them! just reporting what another person had done in the same block.

Coupon-mad

You will avoid the admin fees by appealing as 'hirer' because that gives MB no reasonable cause to even get the rental company's data. No letters should ever go to the rental firm. Call yourself 'hirer' instead of keeper.

Just spoke to another tenant in the same block and they are apparently reasonable when he called (I know this isn't recommended) but having said that he hasn't yet had his cancelled either!

Parking firms are NOT reasonable. MB are ex-clampers so most people would consider them money-grabbing knuckle-draggers (allegedly).

DO NOT PHONE.

Mr_Stroopwafel

Coupon-mad wrote: »

You will avoid the admin fees by appealing as 'hirer' because that gives MB no reasonable cause to even get the rental company's data. No letters should ever go to the rental firm. Call yourself 'hirer' instead of keeper.

Parking firms are NOT reasonable. MB are ex-clampers so most people would consider them money-grabbing knuckle-draggers (allegedly).

DO NOT PHONE.

Yeah I saw on the website they offer a commission of £20 for each paid ticket. Says it all really, they're definitely not looking to help out residents!

Could someone give this the once over please?

16/07/2016

Dear Sirs

Re: PCN No.XXXXX

I challenge this 'PCN' as hirer of the car and I will complain to the landowner about the matter if it is not cancelled.

Firstly, I include photographic evidence that the required valid permit was in fact displayed. I therefore request that you cancel the charges immediately.

The driver has permission from the tenant of the flat to which this parking space is allocated to park there.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers before they park.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,