Newbie PCN received via hire company

ooitsme

I have read all the thread but I think my situation is a bit different.

I have today received a photocopy of a PCN via Enterprise car rental as I apparently overstayed in a Costa car park. Enterprise have already passed my details on to Civil Emforcement, and Emterprise are imminently charging my debit card £35 for the privilege of doing this.

I have already complained to Costa who have replied that they don't own the land, so I'm asking them who does.

I'm just thinking it's unfair for Enterprise to slap this charge on me as intend to not pay this "fine". Thank you for any guidance you can offer.

Coupon-mad

Search the forum for Enterprise as a keyword and you will find this covered.

Remember they only named you as 'hirer/lessee' so you appeal as hirer/lessee' as per the NEWBIES thread advice. They have not told CEL who was driving because they were not there.

This is vital to your appeal and win at POPLA, because CEL can't hold a hirer liable! So DO NOT appeal as driver!

ooitsme

I'm sorry to be a donut, but I will start figuring out the appeals process shortly as it looks relatively straightforward.

However - from looking at the rental agreement PCN's are covered in the agreement with a £35 handling charge, so I think I have to appeal, hopefully win, and then they will reimburse it? Is that the usual?

Ps I did try to search Enterprise as a keyword but nothing came up.

Redx

any rental agreement about a pcn is probably the official ones from councils etc

I doubt it encompasses an invoice dressed up as a pcn from a private parking company

you will also see specific advice in that newbies thread for people when it comes to hire cars

for all anyone else knows , I COULD HAVE BEEN THE DRIVER !

NOBODY KNOWS WHO THE DRIVER WAS EXCEPT THE PERSON WHO NEED TO "ZIP IT" AND KEEP "STUM" ABOUT IT (LOL , HINT)

so assume I was driving , meaning you are not the owner , not the RK either , not the "driver" , but keeper as in lessee/hirer

so the leasing companmy named the lessee/hirer , not the driver, because the lease company have NO IDEA who was driving , and neither do the PPC , so keep it that way , lol

read the NEWBIES sticky thread carefully , sort out in your head which entity you are , then appeal as from that entity

the driver is never revealed !! got that ? - good

ps I put the search word Enterprise into the forum search box and got loads of hits , (190 hits) so like CM said above

Half_way

However - from looking at the rental agreement PCN's are covered in the agreement with a £35 handling charge, so I think I have to appeal, hopefully win, and then they will reimburse it? Is that the usual?

Exact wording of the hire agreement regarding parking is needed.

Do you know the difference between a Parking Charge Notice (PCN) a Penalty Charge Notice (PCN) A fine, a penalty and an invoice/speculative invoice?

Coupon-mad

ooitsme wrote: »

Ps I did try to search Enterprise as a keyword but nothing came up.

Strange - I got 300 results:

Showing results 1 to 25 of 300
Search took 0.15 seconds.

I think you put it in the wrong search box, you need to search 'this board' using the search facility of this parking forum only, in the heading above the first page of threads, just above the sticky threads, little search box on the right, level with 'NEW THREAD'. Not higher up.

Not any random 'search MSE' box high at the top of the entire page searching MSE articles.

ooitsme

Coupon-mad wrote: »

Strange - I got 300 results:

Showing results 1 to 25 of 300
Search took 0.15 seconds.

I think you put it in the wrong search box, you need to search 'this board' using the search facility of this parking forum only, in the heading above the first page of threads, just above the sticky threads, little search box on the right, level with 'NEW THREAD'. Not higher up.

Not any random 'search MSE' box high at the top of the entire page searching MSE articles.

You are correct! Thank you!

ooitsme

Half_way wrote: »

Exact wording of the hire agreement regarding parking is needed.

Do you know the difference between a Parking Charge Notice (PCN) a Penalty Charge Notice (PCN) A fine, a penalty and an invoice/speculative invoice?

Thank you. Having read around on the board I now know the difference, however I think that they have it covered

"I acknowledge that for the period of the rental I shall be liable as the owner of the vehicle for any fixed penalty offence committed with respect to the vehicle or any penalty or parking charge notice, any excess charge or penalty charge for parking...."

I have seen others on the board get the £35 fee removed but I just need to figure out how. I'm on it! Thank you so much.

ooitsme

Further research on another board has sadly shown that enterprise have now updated their wording to take these PCN's into account.

Coupon-mad

Doesn't matter. What did YOUR wording say, and in any case, you will win the appeal and can still then ask Enterprise to refund the fee and/or complain to the BVRLA, since CEL don't use POFA notices so Enterprise never even had any liability for this 'driver only' notice in the first place! That's the point, this was a driver notice. Not the business of Enterprise, not a POFA wording one, no risk to them as owner/registered keeper in law at all.

But that all comes later. Do this (below) first, get it cancelled. CEL often cancel as soon as they see the NEWBIES thread template appeal for BPA members and are dead easy to beat at POPLA stage, if they push it:

Remember they only named you as 'hirer/lessee' so you appeal as hirer/lessee' as per the NEWBIES thread advice. They have not told CEL who was driving because they were not there.

This is vital to your appeal and win at POPLA, because CEL can't hold a hirer liable! So DO NOT appeal as driver!