Europcar paid a private eye PCN

icyflames

Dear all,

Many thanks for your help. I have read around on this forum but just wanted some extra reassurance before I write back to Europcar.

Essentially:
- Parking eye have sent a PCN addressed to Europcar for parking charge notice for 'overstaying'.
- Europcar have sent me a letter saying they have paid Parking Eye citing a 'traffic violation'
- The T&Cs stipulate that the hirer is responsible for parking charges, and that Europcar can send Hirer details to the issuer of the notice.
- However, a separate section states that Europcar may pay a 'Penalty charge notice' and then charge me for that incl. an admin fee.

I believe that Europcar have not acted according to the T&Cs as the T&Cs do not give them the right to pay a Parking Charge Notice on my behalf, only a Penalty Charge Notice.

I plan to email / write to Europcar with pretty much the above, pointing out that they did not handle the situation according to the T&Cs so I should have no obligation to pay them.


Will this be sufficient / acceptable? Will Europcar blacklist me from hiring from them?

Thank you.

Umkomaas

Europcar should have acted in accordance with their trade association's clear guidance for dealing with private parking charges (especially from BPA operators, of which PE is one). Read it and understand what they should have done before responding to them so you can quote chapter and verse.

https://www.dropbox.com/s/9b0iavad3aqeh28/BPA%20BVRLA%20MoU.pdf?dl=0

To note - a private parking ticket is not a traffic violation, far from it.

Will this be sufficient / acceptable?

Probably not, you'll need to brace yourself for a fight. Remind them that by paying the ticket they have denied you the right to an appeal, and you had very good grounds which would more than likely have been successful. That avenue is no longer available to you as a result of their unilateral and precipitate action. How dare they!

Will Europcar blacklist me from hiring from them?

Are you serious? If you hired a craftsman to do some work in your house and he stole a wad of cash from your unattended wallet, would you still ask him to do further work for you?

Half_way

was this an overstay, or a double dip?
if an overstay then how long was it an overstay by?
who's car park was it?

Coupon-mad

As it's ParkingEye (NOT PRIVATE EYE!) you should still appeal as hirer, especially if this is a double visit or clearly unfair PCN, as it can be cancelled.

You should also certainly complain to the retailer if you were shopping. They can cancel a PCN in minutes with one email, and it can then be refunded.

icyflames

Thank you all for the helpful replies. Looks like the issue is more nuanced.

Thank you all again..

nosferatu1001

1) Yes of course you could appeal to them directly, but if it has been paid, PE can just ignore you
You will not GET a chance to see them slip up, because it has been paid1
2) Of course you dont get a warning. They dont get paid if they warn you.
Also, the HRIER protections dont help you if you tell the whole damned worl who drove. EDIT YOUR POSTS NOW

3) irrelevant to a POFA "no hirer liability" argument, so do as told in 2

You have to get onto Europcar
Get out your T&C and confirm they can only pay PENALTY notices, and for parking notices if they are mentioned at all, they will pass on the details to you

Your argument is with Europcar, noone else.

Coupon-mad

You can complain to PALS - Google it...! - and see if they will get it cancelled/refunded, (without saying who was driving) on the basis that:

- it was dark and the signs are not lit, and
- the driver was picking up a patient (was the friend a patient and did it take longer because he/she was delayed by the Doctor signing her as discharged?) This is against the NHS Car Parking Principles (GOOGLE AND READ THEM) whereby patients and their carers/drivers are not to be penalised.

and you CAN and SHOULD appeal to ParkingEye on the same basis, as long as you have a copy of the PCN and therefore know the PCN number. DO NOT tick 'driver', tick 'hirer/lessee' in the dropdown menu.

You do not need a PCN to be sent to you and you CAN appeal even if paid.

Nothing to lose in doing the above first. If it gets it cancelled you can then ask the lease firm to also refund the 'admin fee' as many will.

Redx

edit your posts and stop blabbing to the world

do not use these words "MY , ME , MYSELF & I"

what happened on the day happened to the DRIVER

what happened since that day happened to the KEEPER

so only use those 2 words when describing events

we cannot help somebody who is determined to hang thermselves by their own petard

Coupon-mad

The words that this OP needs to use are 'hirer/lessee' when choosing the drop down menu choice when doing that P/Eye appeal. And no adding anything other than what I said, no saying:

'I didn't realise I had overstayed' or 'I didn't see the signs'!!

icyflames

Thank you all again.

How about:
So plan of action:
1. Contact europcar and tell them they did not follow BVRLI guidelines ( I will look up the specifics ) nor their own T&Cs (again will quote specifics). They have now jeopardised my own legitimate dispute against the charge invoiced by PE.

2. Contact PALS and complain about the PCN from PE and ask them to cancel it.

3. Fill in PE's own online appeal form as the hirer/lessee. State that the signs are not lit and poorly visible in the dark.

Thank you all again

Redx

1) correct, except its BVRLA


2) correct


3) correct