PCN hire car reg mistake

Daisyduck21

Hello, I have searched but cannot find a similar issue, I had the use of a hire car whilst my car was being repaired, the car was parked in a car park, unfortunately when the parking ticket was purchased at the machine the hirers own cars number plate was entered instead of the hire car registration, Doh! Didn’t realise until An email arrived from the hire car company to say they had received a pcn for the hire vehicle and were going to pass the drivers details onto the campany as well as take £60 from my credit card for the inconvenience. An appeal was made against the pcn and today an email was received to say they have found a payment relating to the hirers own car reg and as a gesture of goodwill are offering a reduced fine of £30 instead of £50 as their signs state the correct reg must be entered, should I pay the £30, I’m already out of pocket by £60 after paying the hire company .

The_Deep

Hello, I have searched but cannot find a similar issue,

There are hundreds, possible thousands of them, all are similar and all are scams. Look also on peppipoo, Legal Beagles, The Noto mob, Honest John, Parking Prankster, Consumer Action Group, and Parking Cowboys.

It is not a fine, it is an invoice for the harm they allege you have caused you have caused them, we call it a scam. Pay them not one farthing unless a judge so orders. Have you read the stickies/FAQs?

IMO £60 to pass on a letter is obscene, what does the hire agreement say, (exact wording please)? Complain to the BVLRA, Trading Standards and your MP as nine times out of ten these tickets are scams.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Quentin

This is your call

Only you know the value of your time and can decide if the time involved in defending a claim in court ( if it comes to that) is worth more or less than their offer

Throughout here you are advised never to reveal who was driving

You need to edit your post to remove details of who was driving

The ppcs monitor this forum and can use posts in your thread against you

(Are you sure your contract with the hire company allowed them to charge you this admin fee?)

Daisyduck21

Hi thank you for your replies and advice, the hire company had already forwarded my details and when I queried the £60 charge with the hire company they wrote;

Please find attached a receipt for payment. This is for an administration fee applied as per the terms and conditions of hire you agreed to. An administration fee is applied for each contravention we receive whilst you are in possession of the hire vehicle.

Please note that no payments have been made in respect of the penalty charge notice, we have representedPlease find attached a copy of your credit hire agreement and guidance notes.

We refer to the first page of the hire agreement within the declaration,where you accept responsibility for all infringements incurred during the hire period. We also refer to clauses 20 and 21 within the terms and conditions of hire. your details to the issuer who if they accept our appeal, will redirect the fine to yourself for payment


The small print on the hire agreement says “you must pay all road tolls, penalties, impounded vehicle charges, infringements, congestion charges or any other charges imposed by statute or otherwise relating to way in which the hire vehicle is used, driven or parked”. When I queried this they did say they may refund it if the pcn was cancelled and I could prove this by producing the cancellation document.

Fruitcake

Daisyduck21 wrote: »

Hi thank you for your replies and advice, the hire company had already forwarded my details and when I queried the £60 charge with the hire company they wrote;

Please find attached a receipt for payment. This is for an administration fee applied as per the terms and conditions of hire you agreed to. An administration fee is applied for each contravention we receive whilst you are in possession of the hire vehicle.

Please note that no payments have been made in respect of the penalty charge notice, we have representedPlease find attached a copy of your credit hire agreement and guidance notes.

We refer to the first page of the hire agreement within the declaration,where you accept responsibility for all infringements incurred during the hire period. We also refer to clauses 20 and 21 within the terms and conditions of hire. your details to the issuer who if they accept our appeal, will redirect the fine to yourself for payment


The small print on the hire agreement says “you must pay all road tolls, penalties, impounded vehicle charges, infringements, congestion charges or any other charges imposed by statute or otherwise relating to way in which the hire vehicle is used, driven or parked”. When I queried this they did say they may refund it if the pcn was cancelled and I could prove this by producing the cancellation document.

So the options are,

Pay £30 to add it to the £60 scam charge from the hire co, = £90

Successfully appeal and pay nowt, assuming £60 scam charge refund.

Unsuccesfully appeal and pay £160.

I would go for the second option. Most PPCs are incapable of complying with the PoFA where hire cars are concerned.

If you are going to appeal, then you need to edit your post to remove information about the driver's identity. Only ever refer to The Driver and The Keeper, plus in your case, The Hirer/Lessee.

Then appeal using the edna basher hire/lease template from the NEWBIES.
In addition, complain to the hire co that the Ts and Cs they quote do not cover scamvoices from unregulated scammers.
These are not "road tolls, penalties, impounded vehicle charges, infringements, congestion charges or any other charges imposed by statute or otherwise relating to way in which the hire vehicle is used, driven or parked”
so they are committing fraud, deception, and theft by charging you for something not covered in the hire agreement. This is also a breach of their trade association's guidelines (BVRLA).

MistyZ

Do a search for hire car POPLA. In theory this is one of the easiest circumstances in which to appeal to POPLA, as long as the driver has not been identified. Did you identify them in the first appeal?

Daisyduck21

They wouldn’t accept the online appeal without the name and address of the driver....

We must therefore request that the details of the driver of the vehicle at the time of the contravention are supplied; this must include their full name and serviceable UK postal address. If you are unwilling or unable to provide these details the hirer of this vehicle will remain liable for this PCN. This information should be provided by 30th July 2019. Please note, Premier Park Limited will not reply to any correspondence until after the above date, if the requested information is not provided.

If we do not receive this information by the date given, the hirer of the vehicle at the date of event will be held liable.

KeithP

Ignore that.

Do not give them the name of the driver.

MistyZ

Yep, ignore!! Happens so often and falls into the 'trying it on' category.

As a rule if the PPC say 'jump', do not move a muscle until you've checked on here.

It's not entirely clear whether you've jumped already though ..... sounds to me like maybe you did identify driver(?)

Daisyduck21

Yes I am thinking I may have! But cannot check as it was an online form, they replied as below, stating on behalf of the driver, but do you know what I may just pay the £30 quid and be done with it ��

Thank you for your appeal, on behalf of the driver, against the above Parking Charge Notice (PCN). We have carefully considered your appeal, however on this occasion the appeal has been rejected for the following reason;

Thanks for you replies and advice much appreciated

KeithP

Daisyduck21 wrote: »

But cannot check as it was an online form...

If you are going to pay, it doesn't matter, but it is really really important to keep a copy of everything you send.

They could, for example , come back and say that in your last communication you admitted to being the driver, even showing 'their version' of the letter you sent, and you would have absolutely nothing to refute that allegation.