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UPDATE 29/01 I need some help with a parking fine from myparkingcharge.co.uk for a hired vehicle

ireallycantyodel
ireallycantyodel Posts: 87 Forumite
Fourth Anniversary 10 Posts Name Dropper Combo Breaker
Hello Guys

I just had to sign up in order to ask for some help. I swear to my grandmother that I read the Newbie thread about parking charges. I also read Martins article about private parking tickets. A lot of the references in the forum are unfortunately quite old and the sheer amount of threads make it even more confusing.

My issue is that this was a hire car and I don't necessarily want to get an extra fee slapped on top by the care hire company (Europcar). So I was tempted to immediately put my details in on their website. But I changed my mind because Martin advised not to go through the companies appeals procedure (they are not listed with the BPA or IPC but I read somewhere that they are an offshoot of Excel Parking). However, thei myparkingsharge.co.uk website was the only way to appeal, before it is being passed on to the hire company (I am not even sure if they can get the details off the DVLA) and also the only way to get the details and evidence of the ticket straight away. As I am new here I cannot post a link to the pictures but it basically just says on the front "Attention! Document Enclosed" "This is no a parking charge notice" and then on the back it just gives me a reference number, a date and a URL to put these details into with my registration number. The small print also reads that "a Parking charge "may" be issued". Huh? As far as I can see they HAVE issued a parking charge :rotfl:


The Newbie Thread said that it's good when the car hire company passes on my details so they won't deal with it but I prefer not to have the faff of refuting any fees with Europcar as well.
What I also find confusing is this - The thread says with regards to hire cars:
In the case of a company car or hire car, if you get a windscreen ticket you MUST appeal before day 28 (well before day 21 when it's an IPC firm which only 'offers' 21 days to appeal - check the PCN). This is in order to hook the PPC in your direction, before they get a chance to get the keeper's details from the DVLA.

But then it goes on to say:
You should also warn the owner/keeper (Fleet Manager) not to pay if they do get a letter about it because they have no business to get involved in a fake PCN you have already appealed as driver, and you won't reimburse them if they are daft enough to pay it.

If the hire/lease co gets a postal PCN and names you as the driver/hirer, that is a good thing as it removes them from the loop entirely and then you can follow the above advice as appropriate to your case - but check and see if they have charged an admin fee.

That sounds like a contradiction to me. I cannot follow the first step unless I make the appeal on their website which Martin advised not to do. But then it also says it's a good thing if the hire company passes my details on to them when they said at first that it's better to avoid having the letter sent to the keeper :huh:

So I tried to go down the route of contacting Aldi who is the retailer I was visiting while I was parked up (it's a retail park, just to be clear). I also attached a picture of the receipt.

Here is what I wrote (also explaining what I did wrong - and to be fair it was a genuine mistake but I did not obstruct anyone)

Dear Aldi Team

After a long day at the A&E yesterday, I quickly needed to get some shopping done at my usual Aldi Store. I usually don't have a car but this time I had a hire car which means I normally don't park in your car park but am only on foot so I am not too familiar with all areas of your car park.

It was dark and raining so it was hard to tell which areas are ok to park in and there were no spaces left anywhere else so I was forced to park in the smaller section next to Iceland. There were already cars parked up and I put mine next to theirs. This morning I found a note from myparkingcharge on my windscreen. This note (which doesn't look to me like it even passes the legal requirements) is referring me to their website with a reference number in the hope that I will enter my details. From what I can see, I did not park within a designated area.

To be fair, when the pictures were taken, the cars that were previously parked up there had already left. So it looks like I just parked up in a random space and not within a designated parking bay and the cars that were previously parked next to me must have equally received a note because there are no lines at all which I only noticed when I received the pictures - otherwise, I would have certainly not parked there. Added to the fact that I already had a stressful day I simply did not realise that this was not a designated parking bay with all the other cars standing next to me - please see attached picture for clarification.

I am very disappointed that these rogue companies (that are not even member of the AOS) are doing their very best to deter customers from shopping at Aldi and charge them £60. Sufficient free parking should be available to customers of your store.

I will be disputing this fine with the company - due to it being a hire car this will be a lot more faff of course. Unless the retailer (Aldi) steps in and speaks up for their customers of course which I would be very grateful for.



I am not a native speaker so excuse any grammar mistakes or strange language. The thing is I really can't afford a £60 parking fine at the moment anyway and although I made a genuine mistake I don't feel that these parking fines are quite fair when you are a customer in a retail park.

The thread that shows that people were able to get their fines cancelled through the retailer are all at least 4 years old and one of the emails is no longer working for Aldi either. So I am not really sure what the current chances are to get the charge rescinded through them.

I am sorry if I have misunderstood anything from the Newbie Thread. Besides, Europcar are not the quickest to send any information through so I am worried that any discount the PCN might offer me will have expired by then.

So the question is what my best plan of action should be. Should I sit back and wait for Aldi or Europcar to get in touch with me or should I just bite the bullet and appeal on their website straight away and give them my details so they don't contact Europcar? Or should I ask Europcar not to name me? I am totally confused! I believe the Edna Basher template is only for the hire firm, correct?

I noticed that it also says that many of these companies fail to notify the hiree withing 21 days after having been given the name of the driver by the car hire company. Should I just wait and hope for the best? So sorry to test your patience with this thread!
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Comments

  • ireallycantyodel
    ireallycantyodel Posts: 87 Forumite
    Fourth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 2 December 2018 at 9:43PM
    I read a few more threads and to my horror I saw the Europcar only recently paid PCN's and then charged the driver for it plus an admin fee..I am not being funny, but would that not cancel out my right to appeal?

    In their up to date T&C's it states:

    9.3.1. Relating to Fines and Penalties
    9.3.1.1. You are responsible for and will pay all charges 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.
    453B/27/6/18 | 11
    12 Terms and Conditions of Hire
    If we are required to deal with such correspondence we will charge your credit/
    debit card for our Third Party Administration Charge as set out in the Tariff Guide.

    You have the right to challenge that Third Party Administration Charge within 14
    days of the date of the invoice. The Third Party Administration Charge 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.
    9.3.1.2. If we receive a penalty charge notice that is issued for the Vehicle during your Hire Period
    and which is capable of being paid then we may pay it so that we mitigate the cost of it.

    Where we, at our discretion and for whatever reason, choose to pay such charges you
    will reimburse us the said charge plus our Third Party Administration Charge (for each
    charge we pay or each time we deal with such correspondence). If we do pay it then we
    will take the following actions:
    • we will inform you by letter that we have paid the penalty and we will enclose an
    invoice for the cost of the penalty plus our Third Party Administration Charge; and
    • we will tell you that we intend to take the money for the cost of the penalty and the
    Third Party Administration Charge from your credit/debit card within 14 days of the
    date of our letter unless you write to us with a legitimate reason why the fine or
    penalty should not have been paid.
    • If you do not contact us or you admit the validity of the fine or penalty then we will
    take the money from your credit/debit card on the 15th day following the date of the
    letter
    • If you do contact us with a legitimate reason as to why the fine or penalty should
    not be paid then we will put this to the issuing authority. If the issuing authority
    refuses your appeal then we will confirm this to you and then take the money for
    the cost of the penalty and the Third Party Administration Charge from your credit/
    debit card. If the issuing authority allows the appeal and both rescinds the fine or
    penalty and confirms to us that the original charge did not apply in any event then
    we will not take any money from your credit/debit card.




    Now I know this isn't a penalty charge but a parking charge but I wouldn't be surprised if they still paid it and then fine me. Also, it seems that their admin fee applies regardless....grrrr
  • MistyZ
    MistyZ Posts: 1,820 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    edited 2 December 2018 at 10:01PM
    I'm helping a hirer to appeal a parking charge at the moment. The car was hired from Europcar. Europcar did not pay the parking charge but they did charge an admin fee. We are confident of winning the appeal at the POPLA stage and also of getting the money back from Europcar either by issuing a charge back on the card or when the parking charge is successfully appealed, check out this thread:

    https://forums.moneysavingexpert.com/discussion/5931063

    Hirers are generally in a very strong position so you can afford to calm down a bit, though I know how you feel!

    I confess I found the advice from the Newbies' thread about windscreen PCNs a little confusing too (the appeal we're making relates to a postal NTK). It might be that you and I are both just being a bit slow or alternatively the wording might be a little 'off'.

    I'm sure someone cleverer will help out soon. Meanwhile, it does seem that myparkingcharge.co.uk is Excel. And could you give the date of the parking event please?
  • MistyZ wrote: »
    I'm helping a hirer to appeal a parking charge at the moment. The car was hired from Europcar. Europcar did not pay the parking charge but they did charge an admin fee. We are confident of winning the appeal at the POPLA stage and of getting the money back from Europcar too. Hirers are generally in a very strong position so you can afford to calm down a bit, though I know how you feel!

    I confess I found the advice from the Newbies' thread about windscreen PCNs a little confusing too (the appeal we're making relates to a postal NTK). It might be that you and I are both just being a bit slow or alternatively the wording might be a little 'off'.

    I'm sure someone cleverer will help out soon. Meanwhile, it does seem that myparkingcharge.co.uk is Excel. And could you give the date of the parking event please?


    Thank you! I am worried that I will be slapped with a fine regardless - Either the PPC or Europcar...sigh..

    I received the parking charge notice yesterday, 1st of December. I wonder if I should contact Europcar to stop them from doing anything stupid, lol
  • Umkomaas
    Umkomaas Posts: 43,565 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you've got a red 'myparkingcharge.co.uk' sticker on your windscreen, Aldi won't be involved, so there's not a lot of hope on that front. Aldi (on single sites, or joint sites with Home Bargains) deal with ParkingEye, not Excel or VCS - the two operators using this 'myparkingcharge' distortion of how this stuff is supposed to work.

    Look for another principal contractor other than Aldi. Maybe it's a managing agent if this is a multi-retail site.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Umkomaas wrote: »
    If you've got a red 'myparkingcharge.co.uk' sticker on your windscreen, Aldi won't be involved, so there's not a lot of hope on that front. Aldi (on single sites, or joint sites with Home Bargains) deal with ParkingEye, not Excel or VCS - the two operators using this 'myparkingcharge' distortion of how this stuff is supposed to work.

    Look for another principal contractor other than Aldi. Maybe it's a managing agent if this is a multi-retail site.

    Yes it is one of those red notices.

    I am not sure if I understand correctly, are you saying that because ParkingEye are not the PPC in this case, Aldi is unlikely the contractor and unable to help? It's only a small multi-retail site with Aldi/Home Bargains and Iceland sharing. Would the information be found on the sign with the parking t&c's?

    EWdit: I just noticed that the sign says "VCS" on the picture of the "evidence"
  • MistyZ
    MistyZ Posts: 1,820 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Hi again, you responded to me just before I edited my last post adding a link to a relevant thread about hire car admin charges, do take a look at the thread.

    Re. Umkomaas' point, from what you say OP, it seems to me that the car may actually have ended up in Iceland's car park
  • Umkomaas
    Umkomaas Posts: 43,565 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 December 2018 at 10:15PM
    There's no harm in trying them, but your mention of Iceland more or less confirms to me that they are the principal in this. Lots of examples of Iceland/Excel (or sister company VCS) Car Park 'management' arrangements.

    While Iceland ty to show themselves as being eco-friendly, it seems its warm and cuddly nature towards mankind and the planet excludes their actual paying customers, who they regularly expose to shark-infestation.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • MistyZ wrote: »
    Hi again, you responded to me just before I edited my last post adding a link to a relevant thread about hire car admin charges, do take a look at the thread.

    Re. Umkomaas' point, from what you say OP, it seems to me that the car may actually have ended up in Iceland's car park


    Ah yes, thank you just spotted it and checking it out.

    Actually, the parking areas are not designated to any particular retailer. The entire car park is for all retailers. The issue it seems was that I was not parked up in a designated area (presumably a parking bay). The truth is, I stupidly parked up next to 5 other cars, doing exactly the same which caused me to mistakingly think that this is a normal designated parking area. I still need to check if this assumption is correct since the fine just states:

    PARKED IN A RESTRICTED / PROHIBITED AREA

    But it makes no further explanation - I can only see on the picture that there are no parking bay lines.
  • Umkomaas wrote: »
    There's no harm in trying them, but your mention of Iceland more or less confirms to me that they are the principal in this. Lots of examples of Iceland/Excel (or sister company VCS) Car Park 'management' arrangements.

    While Iceland ty to show themselves as being eco-friendly, it seems its warm and cuddly nature towards mankind and the planet excludes their actual paying customers, who they regularly expose to shark-infestation.

    Still, I feel that as a retailer you need to be more forthcoming to your customers. That's the best way to deter them from ever coming back. I will be returning to the car park tomorrow just to double check what I have done wrong exactly.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Post #389 on the [URL="https://forums.moneysavingexpert.com/discussion/4766249complaints about private parking tickets - how to get them cancelled![/URL] thread should offer some hope.
This discussion has been closed.
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