No chance to appeal

JonnyNoMates

A car company I rented with recently sent me a fine dated in October. Their stamp shows they paid for the ticket within days of receiving it, yet they took two months to send it.

Now I’m out of the time frame to correctly appeal the charges and the company will not allow me to appeal to them.

How do I proceed? I feel I’m being denied a right here

Redx

you are , they paid it , their problem

it is not a "fine" and you must NEVER use that F word

its an Invoice from a private parking company (which company ?)

firstly, check your T & C,s to see if it mentions private parking charges or similar, or does it only mentions fines and penalties ? (this is neither of those two)

you can dispute the charge if its not in their t & c,s

and if they are BVRLA members they should have followed the BVRLA guidelines from a few years ago, so mention this and ask for it to go to BVRLA arbitration , because they appear to have slipped up

the correct procedure was to name the hirer and forward the hire docs to the parking company, they failed, their loss , so YES you are being denied your rights here

Fruitcake

If your rental agreement only covers fines and penalties from an "authority", not speculative invoices from unregulated parking scammers, you should dispute the payment with your card provider/bank and get a chargeback.

Then, tell the hire co what you have done because they have breached their own Ts and Cs, BVRLA guidelines (if they are a member) and denied you the right to appeal, and denied you access to alternative dispute resolution which is your right in accordance with the ADR Act 2015.

You should also complain to your MP about this unregulated scam.

fisherjim

No doubt they also slapped on a nice admin charge also.


Some of these hire and lease companies are very quick to get these things done and dusted at the hirers expense, it's lazy and less involved, with a little extra bunce for them on the side.


Follow RedX/Fruitcakes advice, otherwise not much you can do now I fear.

The_Deep

you can dispute the charge if its not in their t & c,s

You can dispute it even if it is.

By paying it, they are denying you the right to contest it. This surely has to be an unfair term in a consumer contract. Read this

https://en.wikipedia.org/wiki/Consumer_Rights_Act_2015

The PCN may have been issued to your vehicle in error, it may not have been POFA compliant, their contract with the landowner may have expired, their signage may have been flawed etc., etc., etc. Complain to Trading Standards and the BVLRA.

not much you can do now I fear.

I disagree, see above.

Also, 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.

JonnyNoMates

I’m blown away by the level of detail you guys have gone to in responding to my post. This is truly a great consumer resource and I hope to contribute myself too.

I’ll let you know how they respond.

JonnyNoMates

Their response.

“Thank you for notifying us of you concern, we have passed your enquiry onto our Legal team who will respond in due course.

Could you please assist us by outlining the BVRLA guide lines that you are referring too?

Kind regards,”

twhitehousescat

before we get carried away and start giving you "ammo"

your first post says "A car company I rented with recently sent me a fine dated in October."

to whom did they pay this "fine" , was it a private parking Co or a local counsil/police issued one


if this was a private company , name of company please

JonnyNoMates

Both fines were issued by the council.

Umkomaas

JonnyNoMates wrote: »

Both fines were issued by the council.

As we major on private parking tickets here, PePiPoo will be your best bet for council tickets. Register there (but please note that a hotmail address won't work - try using a gmail account instead if you do have trouble registering) and post a new thread; here's your link:

http://forums.pepipoo.com/index.php?act=SF&s=&f=30

Have a read through some of the other threads there before you post your own to get the hang of what information they need from you in your opening post - but as a minimum you will need to post redacted photos/scans of all correspondence you've received from the council (both sides, if appropriate) as they need to see all the small print.

PePiPoo has an excellent success record in dealing with council tickets.

HTH