Zipcar PCN - 75 days after alleged offence

Coupon-mad

In addition to this they have not provided a shred of evidence to support the PCN

Don't call it PCN at all when emailing the BVRLA.

bobbybobbo

Got this disappointing reply from BVRLA today.

We have now received a response from Zipcar regarding your complaint. Having carefully reviewed the information from both parties we are now in a position to offer our comments and observations.

We note that you were contacted by Zipcar about a private parking notice which you dispute.

The Protection of Freedoms Act which became law from 1 October 2012, outlaws vehicle clamping on private land in England and Wales. The Act also gives private parking operators a legal right to ask the registered keeper of a vehicle to pay a parking charge notice (PCN) if it has been parked on private land and previously notified parking charges have not been paid in full. A rental, car club or leasing firm that is issued a PCN can furnish the private parking operators with details of the customer who hired the vehicle at the time the contractual breach took place or pay the charge and recharge the customer who had the vehicle on hire or lease at the time the breach occurred.

The BVRLA disagrees that the invoice was unlawful and as stated above believes that as the registered owner of the vehicle Zipcar were within their rights to pay the invoice and recharge you. We note that Zipcar’s terms and conditions refer to penalty/fee which we believe is acceptable when referring to a Parking Charge Notice. We appreciate you disagree with this view and suggest that you take your own independent legal advice, if you wish to challenge the point further.

If you can provide Zipcar with evidence that the vehicle was parked legally and the Notice was not warranted Zipcar will reconsider their position.

In light of the evidence before us we are of the view that the charges have been correctly raised by Zipcar and we are unable to uphold your complaint against them. We would like to assure you that all aspects of your complaint have been fully examined and would wish to thank you for bringing the matter to our attention.

Coupon-mad

Ask the BVRLA how they concluded this PCN was POFA compliant, as many parking firms and debt collectors do not use that law.

And ask them about this, from the MoU:

4.3.4 If the BVRLA member fails to respond to the Notice to Keeper issued by the BPA member within the 28 days specified in the POFA legislation, then unless the Notice to Keeper has not been received by the BVRLA member, they will accept liability for the parking charge and that they may be pursued for payment

bobbybobbo

Hi c-m, thanks for weighing in. Can you expand on what you mean by "as many parking firms and debt collectors do not use that law"?

Coupon-mad

Well, many don't, and the BVRLA have just assumed all parking firms use the POFA. That is misleading and completely untrue.

In the NEWBIES thread, I give a link to the POFA for those who want to dig deeper. You can see what a POFA version has to state. Maybe it does? You can check.

You can still chargeback the payment if the lease firm have taken the money, you know. Put it into dispute (unless this is a company car, where that action might put your employment in jeopardy).