PCN issued during Zipcar reservation for exceeding maximum stay

Coupon-mad

You might want to follow that email up, expressly forbidding them to pay it and pointing out that the parking firm have not complied with the POFA 2012, so Zipcar have no liability at all and you will NOT reimburse them if Zipcar now pay this scam PCN.

Say that you are prepared to take full liability and they MUST transfer liability to you by replying to the PPC with your name and address as hirer but eve if they receive further letters they are expressly disallowed from paying the charge, which in this case is only the hirer's issue to appeal/defend.

No 'requesting' Zipcar to transfer liability. You must forbid them from paying it.

The_Deep

Those T&Cs talk about fees as well as penalties, and specifically also mention parking charges, so it looks like they have things covered.

But what about unfair terms and conditions in consumer contracts?

By paying this Zipcar are denying OP of his/her right to appeal the charge, which may well have been unlawfully issued by the PPC.

DoaM

The_Deep wrote: »

Those T&Cs talk about fees as well as penalties, and specifically also mention parking charges, so it looks like they have things covered.

But what about unfair terms and conditions in consumer contracts?

By paying this Zipcar are denying OP of his/her right to appeal the charge, which may well have been unlawfully issued by the PPC.

Which is what I said (elsewhere in that same post) ... but from a T&Cs perspective they at least have this identified. It would be for a judge to determine if this term was unfair.

Redx

bobbybobbo wrote: »

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.

so get ZIPCAR to name YOU as KEEPER then , only you know the details, the only IMPORTANT detail is not to tell them who was driving, so dont have them name the DRIVER, that is the last thing you want


so HIRER, LESSEE , KEEPER , who cares ? , as long as its not DRIVER


CAPICHE ??????

DoaM

Actually, you could get them to name the company as DRIVER and then the whole thing fails ... a company can't be a driver.

bobbybobbo

Redx wrote: »

so get ZIPCAR to name YOU as KEEPER then , only you know the details, the only IMPORTANT detail is not to tell them who was driving, so dont have them name the DRIVER, that is the last thing you want

In hindsight this would probably have been wise, but too late I'm afraid. But the good news is Zipcar agreed to transfer to us. They responded today with:

"...we redirected the ticket to CPM, so that they can reach out to you directly and send you a reissued ticket to your address on file. Redirecting the violation gives you the power to either appeal the violation or pay the associated fine if you wish.

While the processing on the municipality may take as long as 6 months, please remain patient. The violation will be sent to you directly. We advise contacting CPM directly for specific questions regarding the redirection."

So it will be reissued to the company address (address on file), presumably in the company name. I can get my boss to pass across to me to deal with when it arrives. Or do you think it's worth me contacting CPM and requesting that it be sent directly to me as 'hirer'?

Redx

depends on how you wish to play this and what your boss will agree to, based on what Doam said above

a company cannot be the driver, so the company can appeal on that basis

or the company can name the lessee/keeper (you) and then YOU can appeal it as day to day keeper (or lessee, or hirer , take your pick)

or your boss passes it to you and you appeal it as keeper/lessee

yes it is complicated, but we dont make the rules up, and when have parliament ever clarified an issue ? lol


the only caveat is DO NOT NAME THE DRIVER and dont let anyone else do so either (any one from thousands of people in E & W or the UK could have been the driver- keep it that way)

Umkomaas

yes it is complicated, but we dont make the rules up, and when have parliament ever clarified an issue ? lol

I presume you don't include Brexit in that Red?

bobbybobbo

Right, so coming back to this, I had requested that Zipcar transfer the PCN to us as HIRER. We just received the reissued PCN from CPM. It was sent to my employer's address (Zipcar had mentioned they would send to address on file), but it was issued in my name (not the company name which I had assumed). And even worse it says that I have been named as driver Letter from CPM is here:

https://imgur.com/Byzcpg1

I specifically asked Zipcar to name us as hirer. What can I do? Even worse i just got another email from Zipcar today saying they've received another PCN from CPM for the same violation (exceeded maximum stay) at the same location. I suspect there could be even more PCNs on their way (1-2 more perhaps) as it's a regular delivery location for us.

As mentioned in my OP the signage has no mention of maximum stay, and the letter from CPM linked above does not even give an entry time or duration stayed. Should I go down this route now that Zipcar have outed me as driver?

bobbybobbo

I've tried reading the newbies thread, but everything is about not declaring yourself as driver. They're already calling me the driver now and who knows what Zipcar said to them. Please help...there's so much here it's overwhelming.