PCN issued during Zipcar reservation for exceeding maximum stay

bobbybobbo

I just received an email from Zipcar about a PCN issued at Clapham Junction car park when I had the Zipcar reservation.

The PCN is issued by CPM and is for 'Exceeded Maximum Stay Period ANPR'. However, there is no entry time or date and the signs in the car park do not say anything about maximum stay.

Zipcar say they will pay the PCN on my behalf in 5 days and add the charges to my account. How shall I proceed?

PCN, Zipcar's email, and all signage in Clapham Junction car park:
https://imgur.com/a/R6viwH9

Redx

tell ZIPCAR to use POFA2012 and the BVRLA guidelines to name the hirer / lessee / keeper of the vehicle so that you as hirer get a pcn in your own name (they have had 6 years to get their procedures in order)

then you can appeal it

check their T & C`s to see if PARKING charge notices are included, as well as "fines and penalties"

is this car park a station or a private car park ?

The_Deep

Zipcar say they will pay the PCN on my behalf in 5 days

As a subsidiary of Avis they should know that they are required to follow the BVLRA memorandum, (which I have been unable to find).

Complain to your MP.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

bobbybobbo

Hey Redx, thanks for your help

On what grounds will I appeal it later? It's definitely worth appealing right?

I found this in Zipcar's T&Cs:

Where a violation, incurred during the Member's reservation period or after it as a result of failure to
adhere to parking regulations, is sent directly to Zipcar, Zipcar will either pay the penalty/fee on
behalf of the Member and then add the penalty/fee to the Member's account or Zipcar may, if
permitted by the authority issuing the violation, transfer liability for the penalty/fee notice to the
Member and the Member will then be wholly responsible for all correspondence with the appropriate
authority and any penalties/fees due. Zipcar will always inform a Member which one of these two
courses of action it has taken, and will endeavour to provide notice to Members before it pays any
penalties/fees attributable to them. Once paid by Zipcar, it may not be possible for the Member to
challenge the penalty/fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to Zipcar and will be at Zipcar's absolute discretion. In the
case of speeding notices or traffic violations, Zipcar is obliged by law to pass on the offending
Member's details to the police who will then contact the Member directly.


I'm not sure how to answer your last question. I guess it's both? It's the main car park for Clapham Junction train station but it's a private company issuing the fines.

DoaM

The_Deep wrote: »

As a subsidiary of Avis they should know that they are required to follow the BVLRA memorandum, (which I have been unable to find).

BVRLA MoU

Redx

read the EDNA BASHER section in the NEWBIES FAQ sticky thread on how to appeal hire car pcn,s once you have one in your own name as hirer

or have you not bothered to read that NEWBIES FAQ sticky thread yet ?


if the signs are about penalties and if this pcn mentions a penalty breach then its a bylaws issue, plenty of BYLAWS advice in that same thread

DoaM

Those T&Cs talk about fees as well as penalties, and specifically also mention parking charges, so it looks like they have things covered. (Subject to the bylaws point above).

Respond to them urgently to tell them you reject their proposed course of action - they already have the option (specified within their own T&Cs) to transfer liability away from themselves; indeed the BVRLA MoU makes it clear that this is what they should do. Their failure to do so would deprive you of your legal rights under the Protection of Freedoms Act 2012, thus you'd be forced to reverse any such charges made to your card and would block Zipcar from making any further charges to your card.

Umkomaas

A dedicated hire company like Avis/Budget should know their way around the Protection of Freedoms Act 2012 - and looking at the dates on the NtK they would know that there is no way in the world they could be held liable.
Contravention date - 16/11/18
NtK Date of Issue - 30/11/18 (Friday)

@OP - you must hook UKCPM away from Avis/Budget to deal with you as the hirer. UKCPM have to jump through hoops they don't regularly do to hold the hirer (not the driver - note difference!) liable and so are likely to mess this up. Look up para 14 of Schedule 4 of PoFA.

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

bobbybobbo

Thanks for all the great advice. Have written to Zipcar and requested they transfer the PCN to us.

@Redx Yes, I've read the newbies thread many times over the years, but this case is a little confusing for me being that it's through zipvan and actually even more confusing because the hirer is not me but the company I work for. Edna Basher's template looks great though, so thanks for pointing that out. I didn't understand your point about bylaws though. Searched newbies thread and the edna basher thread for "bylaws" and found no results.

@DoaM Thank you, have followed your advice.

@Umkomaas I may need further assistance on this once we get the PCN in our name, but will have a look at your link. Thanks!

Redx

read the INDIGO STATION links about BYLAWS, and read some of the informative INDIGO STATION threads until you get the point about bylaws

only the TOC can issue a penalty charge to the MAGISTRATES COURT (which never happens), this is because its likely that NETWORK RAIL own the land, so its not relevant land if this is the case

there are others of a similar nature like APCOA and METROLINK too

so more research required

KeithP

The byelaws issue is only relevant if this car park is on railway land.