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UHW ParkingEye charge -issued issued three months later - Please help

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Comments

  • Coupon-mad
    Coupon-mad Posts: 153,498 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I remembered I had a rented car
    Simply use Edna Basher's letter (NOT THE FLEET MANAGER ONE, OBVIOUSLY).

    There are several links to Edna's appeal letters (more than one) in the section you were told to read by KeithP and others:
    As this is a hired car, I suggest you read the section about hire cars at the bottom of post #1 of the NEWBIES FAQ sticky thread.
    There is no need to re-write it.

    The important thing of course is to tick 'lessee/hirer' NOT driver when appealing!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • flyingrabbit
    flyingrabbit Posts: 7 Forumite
    edited 8 March 2019 at 6:46PM
    I have just spoke to car rental company to retrieve information when the PCN was issued to them - found out it was 7th November 2018, and that they disclosed my information to PE within the 2 days after the PCN's was received. Car hire company forwarded me the PCN they've received, but unfortunately they havent forwarded me their letter addressed to PE with my disclosed info. I only got that info over the phone saying that it was disclosed 2days after they received the PCN. And then PE has never contacted the car hire company again.

    So I can - with a piece of mind- leave everything in? and modify the last paragraph a bit more (but maybe even moving it further up?
    like that..
    wrote:
    No window tickets were left on the vehicle on the day of the alleged violation (1st October 2018) As such, the 14 days stipulated in POFA Subparagraphs 9.4 & 9.5 have been surpassed as the Registered keeper (carhire company) has received the PCN issued on 7th November 2018 (i.e. 37 days after the day of incident; PCN attached to this chalange). The information and details of myself as a hirer of the vehicle have been disclosed to you within 2 days of the day when this PCN was issued to the Registered Keeper, however you have further failed to meet your obligation to deliver a "Notice to Hirer" in full compliance with the requirements of Schedule 4 of POFA. The first PCN was issued to me on 20th February which is 100days after you have received a response from the registered keeper. I deny any liability or contractual agreement. Given that PE has forfeited its right to keeper liability, please confirm that you shall now cancel this charge.

    Or just cut the whole thing a bit, and just say that they were late with giving out their PCN in the first place so they cannot impose changes on me anymore?

    And perhaps I can also add this:
    wrote:
    I believe Parking Eye are in breach of the Unfair Terms in Consumer Contract Regulations 1999 (UTCCR):Schedule 2, paragraph 1:
    ...terms may be unfair if they have the object or effect of:
    (e) requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation.
    Unfair Terms
    5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
    (2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
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