Zipcar PCN - 75 days after alleged offence

bobbybobbo

About to file a complaint with the BVRLA. Does anyone fancy giving this a once over?

Dear Sir/Madam,

I am writing with regards to a recent disagreement I have had following a Zipcar reservation. I was contacted by Zipcar on 16 January 2019 regarding a PCN which was allegedly issued during my reservation on 2 November 2018. The letter Zipcar received was from TNC Parking Services and dated 14 December 2018. The letter showed that the original PCN was issued by P4Parking (UK) Ltd.

Zipcar failed to follow POFA 2012 and the BVRLA guidelines which state that liability should be passed to the hirer within 28 days of receiving the Notice to Keeper. I was only made aware of the PCN 33 days after the NTK. TNC's letter clearly stated that any appeal must be made within the 28 day window, so due to Zipcar's negligence I was robbed of the right to appeal.

Zipcar stated that they had no other option but to pay the £125 charge and add the balance to our monthly invoice. They referred to their Terms and Conditions which state:

11.4
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.

It is clear that Zipcar’s terms do not cover parking charges from private firms. TNC and P4Parking are not authorities and Zipcar has no right to pay a private invoice on my behalf due to a failure in their own internal processes. Zipcar cannot fail to understand this point as they are a large enough firm to have taken some advice on this matter. Zipcar needs to understand that I cannot be held liable for a private parking charge, because the contract I signed does not give Zipcar the right to recover any charges as a result. Zipcar has made allegations that I have failed to adhere to their rules but has not been able to fully explain which rules have not been adhered to.

In addition to this they have not provided a shred of evidence to support the PCN other than a letter from a private debt collection firm (TNC). No photos or explanation of the alleged contravention were given.

I trust you will agree that Zipcar has not acted justly in this matter. I look forward to hearing your response.

Yours faithfully,

Umkomaas

Looks good to me.

I'd just put a bit of emphasis on 'authorities' in the following sentence perhaps in inverted commas, emboldened and italicised, as I have done below.

TNC and P4Parking are not 'authorities' and Zipcar has no right to pay a private invoice on my behalf due to a failure in their own internal processes.

twhitehousescat

TNC "parking" services are not a member of the BPA , TNC Management Ltd t/a TNC Collections are

TNC "parking" services do not exist as a company with companies house

bobbybobbo

Thanks Umkomaas, will do.

Thanks twhitehousescat, you're right, the bottom of their letter does in fact say that they are TNC Management Ltd. Will change.

DoaM

I'd define PCN the first time you use it ... Parking Charge Notice (PCN, equally termed as an invoice).

The intent is to make it clear that this was an invoice and not a penalty notice.

bobbybobbo

I was contacted by Zipcar on 16 January 2019 regarding a Parking Charge Notice (PCN, equally termed as an invoice) which was allegedly issued during my reservation on 2 November 2018.

Do you mean like this?

twhitehousescat

bobbybobbo wrote: »

Thanks Umkomaas, will do.

Thanks twhitehousescat, you're right, the bottom of their letter does in fact say that they are TNC Management Ltd. Will change.

NO , just point out that "parking" who they have paid / wanting monies are a scam company that are not registered at companies house nor are vat registered

twhitehousescat

bobbybobbo wrote: »

Do you mean like this?

"I was contacted by Zipcar on 16 January 2019 regarding a Parking Charge Notice (PCN, equally termed as an invoice) which was allegedly issued during my reservation on 2 November 2018."


no , you never got a PCN , just an invoice from an unregistered and non vat company (tcn PARKING)

bobbybobbo

But the TNC letter says at the bottom: "TNC Parking Services is a trading name for TNC Management Ltd. Incorporated in Wales. Company number - 1639133"

twhitehousescat

ahh , seems different to what there website says

http://www.tncgroupservices.com/html/Services/Parking%20Services.html

" We use TNC Collections to collect outstanding parking charges on private land."

which implies they use the services of ANOTHER company

they all may well belong in the TNC group , however that is different to what you quote

the BPA are well aware of this companies activities and they are under close scrutiny as we speak