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

Umkomaas

How much time do they have to send me the PCN once they have obtained my address from the hire company?

6 years, I'm afraid.

ireallycantyodel

Umkomaas wrote: »

6 years, I'm afraid.

6 years??

I have never received the original PCN. Europcar just sent me a copy out of courtesy. To all intents and purposes I might not even know about this..I thought it was something like 27 days.

Umkomaas

An alleged debt can be pursued through the County Court for 6 years (Limitation Act 1980). Sending the PCN would be the start of the process.

Is this not the question you asked? Or can you be more specific about exactly what it is you are trying to determine please?

Coupon-mad

The NTH should be sent out shortly, if you have been named as the hirer.

ireallycantyodel

Umkomaas wrote: »

An alleged debt can be pursued through the County Court for 6 years (Limitation Act 1980). Sending the PCN would be the start of the process.

Is this not the question you asked? Or can you be more specific about exactly what it is you are trying to determine please?

Sorry if I did not explain properly.

I don't have the PCN yet - they only sent one to Europcar who then sent me a copy of it. But I am waiting for the proper one in the post. I thought they had 27 days or something but I am not sure if it is the same for hire cars. I need the letter so I can start the process of appeal.

ireallycantyodel

Coupon-mad wrote: »

The NTH should be sent out shortly, if you have been named as the hirer.

Well I got the letter from Europcar on the 24th December - question is if the PPC has a duty to send the NTH within a certain time frame.

DoaM

The initial period (14 days or whatever) only relates to the first communication. If they sent the postal PCN to Europcar within that period then they've met (one of) the conditions for using POFA to make the keeper liable.

The key for you is whether Europcar give your hirer details to the PPC (which they should, per BVRLA guidelines) or whether they try to pay it and charge you for it (plus an admin fee).

There's no prescribed period for the NTH to arrive as far as I'm aware ... but there is a requirement for the NTH to be accompanied by a copy of the hire agreement.

ireallycantyodel

DoaM wrote: »

The initial period (14 days or whatever) only relates to the first communication. If they sent the postal PCN to Europcar within that period then they've met (one of) the conditions for using POFA to make the keeper liable.

The key for you is whether Europcar give your hirer details to the PPC (which they should, per BVRLA guidelines) or whether they try to pay it and charge you for it (plus an admin fee).

There's no prescribed period for the NTH to arrive as far as I'm aware ... but there is a requirement for the NTH to be accompanied by a copy of the hire agreement.

Yes that has already been done - I have received a letter stating that they have passed on my details.

On another note, Europcar have already charged me £40 for this "service" and I am not sure if I should appeal that straight away and get the money back from my CC provider or if I should wait until I was successfull with my appeal to the PPC.

I know that technically this is not a fine and therefor goes against Europcars own T&C's. I have already mentioned that to their customer service rep (I will send a proper letter though). However they just copied and pasted some tinned response which doesn't even address the issue I brought up. And I am sure I am not the first to query this and wondering if I should even mention in my defense to Europcar that the parking charge was unfair or just focus on the fact that their own T&C's do not include "invoices" by PPC's.

Umkomaas

ireallycantyodel wrote: »

Well I got the letter from Europcar on the 24th December - question is if the PPC has a duty to send the NTH within a certain time frame.

The PPC has 21 days (starting from the day after the day on which they were provided with the hirer's details) in which to serve a Notice to Hirer.

Please do read the Protection of Freedoms Act 2012 Schedule 4 paras 13 and 14 which give you your answers. You possibly do need to give it a few passes to get a full understanding of its nuances. But, it is the law, and the PPC has to abide by it in its entirety, if it is to hold the hirer of the vehicle liable for the charges. It isn't a pick n' mix menu for them.

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Computersaysno

ireallycantyodel wrote: »

On another note, Europcar have already charged me £40 for this "service" and I am not sure if I should appeal that straight away and get the money back from my CC provider or if I should wait until I was successfull with my appeal to the PPC.

I know that technically this is not a fine and therefor goes against Europcars own T&C's. I have already mentioned that to their customer service rep (I will send a proper letter though). However they just copied and pasted some tinned response which doesn't even address the issue I brought up. And I am sure I am not the first to query this and wondering if I should even mention in my defense to Europcar that the parking charge was unfair or just focus on the fact that their own T&C's do not include "invoices" by PPC's.

You're wasting your time trying to get Europcar to listen or repay...they will refuse...until...


You send them an LBA saying you want refunding.


They will refuse/ignore....so....


go on MCOL and issue court papers...remember to stick in £100/£200 for your 'time'....in my experience they will pay up pretty sharpish.


Job done.


All the hirecos are the same and ther BVLRA [their trade body] backs them up....so don't waste time trying to educate them...just hit them in the wallet.