Parking charge and admin fee from hire company

The_Deep

saying they were within their rights to claim admin fees for penalty notices.

They may well be but these are not penalty notices. How many times fdo we have to say it, these are invoices.

Tell your lawyer friend that signs are only a small part of the equation, the PCN has to be considered under several more heads.

anxiouscharlie

Hi all thank you for your learned responses as always, do not worry I have not referred to it as a fine at any point in any other communication.

I have complained to my MP today and I have checked my credit card account and nothing has been taken yet, but I will submit a chargeback when I do. Unfortunately, although I totally get what you are all saying regarding the invoice/notice discrepancy, and I will be fighting it with CMPUK when I get my official copies, on the paperwork CPM sent to the hire car company it states it is a "Penalty charge notice" - under the T&Cs issued to me when hiring the van, it states they can issue admin fines concerning "Penalty notices". Regardless of what we all think it really is (an invoice), I think actually the hire company are just following protocol here? I will write back to them with what you guys have suggested about theft, but have a feeling this will negate any goodwill on their part. I have already had an admin fee reduced from £70 to £35 and a written promise that the whole lot will be refunded in the case of a successful appeal.

I am a writer and editor and even I am a little bamboozled by all this. Surrounded by people telling me to just pay the reduced amount so I am really confused!

On returning home just now, there are no less than three vehicles parked outside my building! One delivery truck, one private vehicle and a post van. There are also THREE separate notices in the same area.

One that says "No unauthorised parking" - with no firm name/logo/contact details.
One that says "Restricted vehicle access, emergency, delivery and servicing vehicles. Resident pick-up and drop-off" - again no name, logo, contact details or any time restrictions at all.
And another that is the basis of my "invoice" by CPM - saying "15 minutes maximum stay. Actively loading and unloading only" - with CPM details plastered all over it.

I am getting angrier and angrier by the day that they DARE to issue me with this when other people are in flagrant breach of this on a daily basis, AND they have three signs all contradicting each other!!

Quentin

Are your initials **?

If so edit the link out of the above post

The_Deep

when I get my official copies, on the paperwork CPM sent to the hire car company it states it is a "Penalty charge notice" -

Are you sure that CPM have used the word "Penalty"?

If so they are in breach of their ATA's Code of Practice, (paragraph 14, misrepresentation of authority), and it would be an immediate cancellation of the ticket at POPLA.

https://www.britishparking.co.uk/write/BPA_AOS_CODE_OF_PRACTICE_CURRENT.pdf

anxiouscharlie

Parking Charge Notice, sorry. OK I get what you are saying, it is very important to use the correct terminology.

The_Deep

Indeed, especially in cases such as this.

anxiouscharlie

The hire car T&Cs do state a "Parking Charge Notice" unfortunately

STATEMENT OF LIABILITY: I ACKNOWLEDGE THAT FOR THE PERIOD OF THE RENTAL I SHALL BE LIABLE AS THE OWNER OF THE VEHICLE FOR ANY FIXED PENALTY OFFENCE COMMITTED WITH RESPECT TO THE VEHICLE OR ANY PENALTY OR PARKING CHARGE NOTICE, ANY EXCESS CHARGE OR PENALTY CHARGE FOR PARKING OR BUS LANE CONTRAVENTIONS WHICH MAY BE INCURRED AND ANY CHARGES AND PENALTY CHARGES INCURRED UNDER A ROAD USER CHARGING SCHEME.

BY SIGNING BELOW I AGREE TO THE TERMS AND CONDITIONS AND AUTHORISE YOU TO OBTAIN PAYMENT OF ALL AMOUNTS DUE OR WHICH BECOME DUE UNDER THIS RENTAL AGREEMENT (PARAGRAPH 6 T&Cs) BY DEBITING THE CREDIT OR DEBIT CARD PRESENTED FOR WHICH I MAY HAVE PAID TO YOU. I ALSO CONFIRM (AND CONFIRM ON BEHALF OF ANY ADDITIONAL DRIVERS) THE CONSENTS PROVIDED IN RELATION TO THE USE OF PERSONAL DATA DESCRIBED IN PARAGRAPH 10 OF THIS RENTAL AGREEMENT.

Castle

anxiouscharlie wrote: »

The hire car T&Cs do state a "Parking Charge Notice" unfortunately

STATEMENT OF LIABILITY: I ACKNOWLEDGE THAT FOR THE PERIOD OF THE RENTAL I SHALL BE LIABLE AS THE OWNER OF THE VEHICLE FOR ANY FIXED PENALTY OFFENCE COMMITTED WITH RESPECT TO THE VEHICLE OR ANY PENALTY OR PARKING CHARGE NOTICE, ANY EXCESS CHARGE OR PENALTY CHARGE FOR PARKING OR BUS LANE CONTRAVENTIONS WHICH MAY BE INCURRED AND ANY CHARGES AND PENALTY CHARGES INCURRED UNDER A ROAD USER CHARGING SCHEME.

But you're not the OWNER!

anxiouscharlie

Hmmm...as the hirer of the vehicle surely the who is the owner/who was driving question is indisputable? I can't see any reasonable defense in trying to say that the hirer and the owner/driver are distinguishable?

MistyZ

anxiouscharlie wrote: »

Hmmm...as the hirer of the vehicle surely the who is the owner/who was driving question is indisputable? I can't see any reasonable defense in trying to say that the hirer and the owner/driver are distinguishable?

I may have gone a bit word blind as not sure what you're saying ....

But as Castle says, you are not the owner - as hirer you are the 'day to day keeper' of the vehicle. No driver can be the owner either.

Seems a rather sloppy word to use in their T&Cs as 'owner' suggests Registered Keeper i.e. the lease company themselves.