Newbie admin fee for pcn charge

Coupon-mad

You need all the other template stuff too:

- appellant not shown to be the individual liable

- no landowner authority

- grace periods (only if the overstay was under 15 mins, IMHO)

- unclear signs.

nosferatu1001

You havent shown us the T&C
I bet they dont adequately cover private parkin ginvoices, as distinct from penalties and fines

They can only charge a fair amount for actual admin time. Given banks are limited to charging no more than £15 a letter, for far more effort than simply repsonding back with a name and address, if they dont refuynd without complaint you will report them to traidng standards for breach of I think CRA2015

Slimmersaz

I will wait until I win at POPLA and claim it back. The letter I received states that if the charge is cancelled I can get a refund.

The_Deep

The letter I received states that if the charge is cancelled I can get a refund.

But PoPla is flawed, even if you do not win they should not have charged you, This is an alleged breach of contract, it has nothing to do with a motoring offence. There must be a Trade Body to whom you can complain.

Read this

https://www.travelsupermarket.com/en-gb/blog/travel-advice/disputing-car-hire-charges-what-are-your-rights/

nosferatu1001

Slimmersaz wrote: »

I will wait until I win at POPLA and claim it back. The letter I received states that if the charge is cancelled I can get a refund.

Far better to show us the damned TandC to see if they have illegally stolen money from you with a vague promise to refund it if you go throug htheir hoops
That would be a more effective solution.

Slimmersaz

I don't have the original T&C's but this is what was in the last response from them -

At this point I would like to refer you to our terms and conditions in reference to fines and administration fees:

Relating to Fines and Penalties
9.3.1.1. You are responsible for and will pay all costs arising from:
• any congestion or parking charges (or failure to pay them);
• a breach of any parking restrictions or a road traffic offence or any other offence or infringement involving the Vehicle such as (but not limited to) lane infringement, tunnel, turning and bus lane charges including the costs from the Vehicle being clamped, seized or towed away and any other charges/costs (or failure to pay them) levied by a relevant organisation or issuing authority.

You are and will remain primarily liable for such charges and you consent to us notifying such organisations of your personal details to effect a transfer of liability.

• Each time we deal with such correspondence we will charge your credit/debit card for our administration fee which covers the reasonable costs we incur in administering the correspondence associated with each fine, charge or penalty that is issued for the Vehicle during your Hire Period. You have the right to challenge that administration fee within 14 days of the date of the invoice. The administration fee will only be refunded if you can provide supporting evidence to show that the issuing authority (i) has rescinded the fine or penalty; and (ii) confirms that the original charge did not apply in any event.

Slimmersaz

Also had this as an attachment -


LEGISLATION – PARKING PRIVATE FIRMS






If a driver has incurred a parking charge notice from a private parking enforcement firm, and


the vehicle is owned by a hire company, the Protection of Freedoms Act 2012 allows the fine


issuer to request the hirer details from the registered keeper of the vehicle. If the request is not


acted upon, the issuer is legally allowed to pursue the matter through the courts. Given this


change in the law, and the stance of the BVRLA (the vehicle rental sector's governing body),


Europcar must therefore treat fines issued by private operators in the same way as those


issued by councils; they must either pay the fines, or provide the details of the hirer, and if the


latter course of action is taken, a valid, signed hire agreement must be supplied.


There is a commonly held belief that private parking enforcement firms do not have the power


to enforce their charges, and this belief is strengthened by the fact that they often will not


pursue individual drivers through the courts. However, as a large fleet operator, Europcar is


more likely to be taken to court over unpaid parking charge notices, and must therefore ensure


that the correct process is followed at all times.


The British Parking Association and Independent Parking Committee are the governing


bodies of private parking enforcement firms, and it is only by being members of one of these


that they are able to request owner/keeper details from the DVLA. This means that they risk


suspension if they do not follow the prescribed code of conduct, which would prevent them


from requesting details from the DVLA. They are therefore incentivised to act fairly and


within the code, as complaints to the BPA and IPC can threaten their membership.


In short, as long as issuers are members of the BPA or IPC, they are allowed to issue and


enforce parking charge notices on private land. Europcar's policy is to treat these notices in


the same way as those issued by local authorities.

nosferatu1001

"Relating to Fines and Penalties"

This isnt a Fine OR a Penalty
As they are fully aware, this is merely an invoice. It has no issuing Authority, no statutoty backing, nothing.

AS such, those sections do not apply, and the charge was unauthorised. They have had 6 YEARS to work out the difference, and that was only since POFA2012 was enacted.
Their failure to understand the difference isnt your issue

Return the admin fee now, or face a chargeback for an unauthorised withdrawl / refund under DD g'tee (whatever suits)

onlyfoolsandparking

Well then, can you guess who I WONT!!! be going to if I need a hire car in the future.

Slimmersaz

I have received the Evidence Pack from PE, should I just hammer home the fact that I wasn't the driver and that PE didn't comply to POFA Schedule 4? PE have sent a lot of photos of signage and photos of the car park also a signed witness statement on behalf of Welcome break.
all comments greatly received!