Enterprise parking fine NCP can they do this

diggersofty

Hi

I am wondering if anyone could kindly advise. We had a hire car from insurance company of the tool that smashed into our car. Car was returned and a few weeks ago we had the ' you have a parking fine from NCP we are reissuing the fine and charging you £35 for the privileged. We were slightly baffled as we did park in the carpark but definitely put in the correct amount for the time we were there, it was a cheap car park 1.20p for 4 hours. So we though OK maybe reg was entered incorrectly it is not our car after all and we can dispute it when we get the fine.

Now enterprise has just gone and paid the fine and debited £60 from our bank account as they are saying NCP rejected the transfer of liability for the fine. Enterprise say this happens in 50% of cases. I cannot find anyone discussing this online plenty about the £35 charge. Surely if this were true there would be more people talking about this, so I think Enterprise maybe trying it on? Are they allowed to do this. We have been charged a fine almost £100 and no way of disputing this. Please help.

Fruitcake

Enterprise are completely in the wrong and you should put the charge in dispute with your card provider.

The hire company are a member of the BVRLA, car hire trade association, and have been told not to pay these charges (they are not fines) but to pass the paperwork on to the hirer and tell the PPC the hirer details. Once they have done that, they are no longer liable.

The hire Ts and Cs refer to penalties and fines and issuing authorities. Private parking charges fall outwith those terms, and Enterprise know it and have been told this on many occasions.
I suspect the admin at the depot where the car was hired are just plain clueless about this.

Your issue is with Enterprise and the BVRLA. You need to kick up a stink and demand your money back. Both the PC charge and the 35 quid daylight robbery admin fee. Do start by putting the charge in dispute with the card issuer though.

diggersofty

HI

Another letter from Enterpise just came through the door- exactly the same wording as the £35 admin fee but invoice/notice information says.
Issuing agency:rejections

Citation amount: 60

''The hire company are a member of the BVRLA, car hire trade association, and have been told not to pay these charges (they are not fines) but to pass the paperwork on to the hirer and tell the PPC the hirer details. Once they have done that, they are no longer liable''.

So Enterprise are saying they tried to do this but NCP have rejected it?

Umkomaas

Then make a complaint to the BPA and ask them to investigate.

aos@britishparking.co.uk - FTAO Mr Steve Clark

Copy the email complaint to the DVLA.

ccrt@dvla.gsi.gov.uk

diggersofty

So now I have an email with a photocopy of the original fine and the following letter.

For Vehicle Registration: xxxxxxxx

Please accept this letter as our authorisation for you to communicate directly with the nominated person below in relation to the Penalty Charge Notice we have received:
Customer / Driver Name xxxxxxxx
Customer / Driver Address xxxxxxxxxxxxxx

The above vehicle was on rent and was being driven by our customer xxxxxxxx and the nominated person above had full use of the vehicle.

Vehicle Make/Model: xxxxxxxxxxxx: Silver Contract Start Date: 14/05/2018 @ 09:03am Contract End Date: 19/05/2018 @ 10:02am

This letter is not a representation for the purposes of the transfer of liability. We acknowledge we remain liable for the PCN until such time liability transfer is requested and transferred.


Yours faithfully,


Traffic Violations Team





Am I right in suggesting that NCP have not rejected liability as this has not been asked of and the 'this happens in 50% of cases' was a little lie. I have asked for clarification from Enterprise as well as the documentation that states that they have rejected the transfer of liability.

twhitehousescat

diggersofty wrote: »

So now I have an email with a photocopy of the original fine and the following letter.

For Vehicle Registration: xxxxxxxx

Please accept this letter as our authorisation for you to communicate directly with the nominated person below in relation to the Penalty Charge Notice we have received:
Customer / Driver Name xxxxxxxx
Customer / Driver Address xxxxxxxxxxxxxx

The above vehicle was on rent and was being driven by our customer xxxxxxxx and the nominated person above had full use of the vehicle.

Vehicle Make/Model: xxxxxxxxxxxx: Silver Contract Start Date: 14/05/2018 @ 09:03am Contract End Date: 19/05/2018 @ 10:02am

This letter is not a representation for the purposes of the transfer of liability. We acknowledge we remain liable for the PCN until such time liability transfer is requested and transferred.


Yours faithfully,


Traffic Violations Team





Am I right in suggesting that NCP have not rejected liability as this has not been asked of and the 'this happens in 50% of cases' was a little lie. I have asked for clarification from Enterprise as well as the documentation that states that they have rejected the transfer of liability.

very badly worded , should be XXXX was the KEEPER at the time

Coupon-mad

Yes it sounds like Enterprise lied to you. Have they paid it, or not?

You need to appeal as hirer/lessee and get this to POPLA.

diggersofty

They have taken the money for the fine from my account and said we can appeal it. They then sent the above to me with a copy of the ncp fine letter and the following:

As per our telephone conversation, please find attached a copy of the contravention as requested as well as the Letter of Authority to assist you with your appeal.

''Please ensure that you send the Letter of Authority off attached with all supporting evidence as well as your supporting statement.

Upon your representations being accepted and the issuing agency cancelling the citation, we would require the proof of cancellation in order for us to process a refund for anything that has been charged for this case.




There is no real explanation of how to appeal, who to write to, telephone numbers...I'm assuming NCP but the fine is paid, surely case closed.

I then emailed and pointed out to them that they had said NCP had refused to transfer liability and they are not allowed to do that so would like the correspondence from NCP where they state they are unwilling to do this so I can complain. Still awaiting their response.

twhitehousescat

umm , there is no chance of NCP backing down , its been paid !

the parking Co have stated that you were the driver as well "Traffic Violations Team " , they need to open a "fake invoice department" as well

Fruitcake

diggersofty wrote: »

They have taken the money for the fine from my account and said we can appeal it. They then sent the above to me with a copy of the ncp fine letter and the following:

As per our telephone conversation, please find attached a copy of the contravention as requested as well as the Letter of Authority to assist you with your appeal.

''Please ensure that you send the Letter of Authority off attached with all supporting evidence as well as your supporting statement.

Upon your representations being accepted and the issuing agency cancelling the citation, we would require the proof of cancellation in order for us to process a refund for anything that has been charged for this case.




There is no real explanation of how to appeal, who to write to, telephone numbers...I'm assuming NCP but the fine is paid, surely case closed.

I then emailed and pointed out to them that they had said NCP had refused to transfer liability and they are not allowed to do that so would like the correspondence from NCP where they state they are unwilling to do this so I can complain. Still awaiting their response.

Did you put the charges in dispute with your card provider? This should have been the first thing you did.

Then your complaints to the BVRLA, Rentaprise, and the BPA.
Point out that there was never a penalty charge and no issuing authority, only a parking charge notice that is not included in the rental company's Ts and Cs.

Hammer both Rentaprise and the BVRLA about this, plus the BPA regarding NCP's refusal to transfer liability to the hirer.

You should also complain to your MP about this unregulated scam.