PEEL Shopping centre Stockport

System

If you want an instant solution then send a Letter before Claim and then claim your £55 back plus costs. If they don't send you say £75 (£55 plus an hour research), then issue a claim (£25) and watch them fold faster than an IKEA chair.

dovski

Thx very much, I'm not quite sure about the letter before claim that you're advising, could you elaborate for me?..Ill post the reply I got this morning highlighting the "terms" and a draft response I was going to send until I read your reply just now..again thx.

from ESIRENT;

I have attached for you, a copy of your rental agreement and payment authorisation.

As is it a scanned copy I am no sure how well you can see the terms, but the terms I have highlighted are:

21. An Administration fee of £55 will be applied to all motoring offences received.

24. The Hirer’s details will be passed to the relevant local authority in relation to any penalty charge notices (PCN) for the local authority to pursue the hirer for the penalty fine and / or penalty points. Ig the application to transfer the penalty to the hirer is rejected, the lessor will pay the fine on the Hirer’s behalf and recharge the penalty to the Hirer. These charges are in addition to the Lessors Administration fee.

Please do not hesitate to contact me if you have any further questions.

Half_way

21: no offence has occurred.
24: Excel parking are not an authority by any stretch of the imagination (although I'm sure Simon Renshaw Smith dreams they are) and no penalty or fine has been issued

dovski

What do think of this below as a reply before the "letter before action"..

" I'd like to remind you that this isnt "a motoring offence", nor is it a "PCN" issued by a government managed body, but a charge by a private company, as such the charge you've imposed isnt legal at this juncture.
The company involved are entitled by POFA to know who the driver is but your charge is way way in excess of anything reasonable to accomplish this. I'd like to remind you that the POFA doesnt apply to me in any case being a resident of and national of Scotland.

Let me know please when the fee you've placed on my card has been refunded. "

Half_way

Don't send that, you need to be more forthright. I will try and post later this evening.
Have you got a copy of the original parking charge notice from excell? Does it meet the requirements of POFA?

Castle

dovski wrote: »

Let me know please when the fee you've placed on my card has been refunded. "

Contact your credit card company and put the charge in dispute.

Half_way

If the original Excel letter does not meet the requirements of SCh4 of the PoFA, you could send something like this ( but not exactly the same!!)
"to whom it may concern at Easirent, Re invoice/parking charge ( or whatever reference number they have for you)
further to our previous communications, thank you for clarifying the terms and conditions regarding this matter, as you should be aware the parking charge notice issued by Excel parking falls outside of your Terms and conditions, as Excell are neither an authority, and can not issue fines, penaltys or penalty points as they are not a statutory authority no offence has taken place,
For your convenience, these are the terms as quoted by yourselves
"
21. An Administration fee of £55 will be applied to all motoring offences received.

24. The Hirer’s details will be passed to the relevant local authority in relation to any penalty charge notices (PCN) for the local authority to pursue the hirer for the penalty fine and / or penalty points. Ig the application to transfer the penalty to the hirer is rejected, the lessor will pay the fine on the Hirer’s behalf and recharge the penalty to the Hirer. These charges are in addition to the Lessors Administration fee."

I now require you to make an immediate refund of £55 to my account, plus £19 to cover my costs as a result of your incompetence in dealing with this issue totalling £74 to be paid within the next 14 (fourteen) working days , failure to make this payment may result in legal action being taken, which in turn would see those costs increasing.

Also I have it on good authority that Excel parking fail to follow the strict requirements as laid out in the Protection of Freedoms act, Schedule 4 and as such you have had no business in passing my personal private data on to Excel parking, as a result of your actions you have caused undue stress and I am currently taking advice on pursuing this matter against you as a breach of the Data protection Act, which could result in further charges of upto £750

I look forward to your response and to a final solution to this issue, love Dovski

dovski

WOW..I Like it!!

dovski

Sent letter to Easirent via email. No reply so I've placed the £55 'charge' in dispute with my CC company.
Happy new year to you all!

dovski

update;
the legal team threatening ccj etc now. £55 charge still in dispute....they grind you down over a few quid I never knew I had to pay.