Parking Charge Notice / Hire Car / Driver lives abroad

imalive

We visited England over Christmas and hired a car for the duration of our visit. We are originally British but we now live in Australia.

This morning I received an email from the car hire company. They've forwarded on a parking charge notice and informed us that they've passed on our details to the private parking company (and charged us GBP 42 for the privilege).

If we just ignore it can they summon us to court if they want to or are we outside of jurisdiction?

I can't really be bothered to argue with it as I don't have a strong argument other than "it was evening, there was no one around, the car park was empty, the shop was closed and we only parked for a couple of hours". I just didn't think they'd be enforcing the max 2 hours restriction at night. Silly I know.

waamo

You are well outside the jurisdiction. I would send a rubbish appeal to the company to make sure they have your details as the driver.

Some companies don't seem to get the message from the hire company and continue to chase them rather than the driver of the vehicle

Computersaysno

Ignore the scumco.


Don't let the hireco charge you for giving your details to the scumco.


IF they do, sue them [easy as pie and can all be done online...they'll cough up before any hearing]

Fruitcake

The danger if you ignore this is that the Hire Co will pay the scamvoice then charge your card again for the privilege.

I suggest you appeal as driver using the appeal template in blue text from post 1 of the NEWBIES ensuring you provide a current address for service.
Tell the Hire Co you have done this and they must NOT pay the charge as per their *trade association's* guidelines (assuming the Hire Co is a member of the *BVRLA*).

Private parking charges are not normally covered on car hire agreements, only real penalties and fines from an authority.
Whilst the *BVRLA* allow a Hire Co to charge an admin fee for a private scamvoice, they have instructed their members not to pay the charge itself.
£42 seem an unreasonably high admin charge to me. It's possible your card provider has good unauthorised charges/chargeback clauses in place so you may be able to get your money back from them if you wish.

Certainly put any further spurious charges from the Hire Co into dispute with your card provider.

Umkomaas

BVRLA Memo of Understanding with the BPA.

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

Which parking company is pursuing this?

imalive

Britannia parking

waamo

imalive wrote: »

Britannia parking

You can bet your life that bunch would deny getting anything from the hire company

nosferatu1001

Check your hire car terms and conditions
If it mentions fines, penalties then this private invoice is NOT covered.

The_Deep

and charged us GBP 42 for the privilege

They may have acted unlawfully here. A PCN from a PPC is not a fine, it is an invoices from an scammer and/or ex clamper for damages for the harm they allege they have suffered when you did what you did. They are owed nothing unless a judge says so.


What does your contract with the hire car company say about these charges?


[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams,

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

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

imalive

The clause from the rental agreement includes charges as well as fines.

imgur.com/JKQaf6i
(Link to screenshot of clause)

Coupon-mad

https://imgur.com/JKQaf6i

Well you can fight the £42 later, and many hire firms cancel it when the person successfully appeals.

So, appeal as hirer (see Edna Basher's appeal in the NEWBIES thread, near the bottom of the first post there in the sticky thread, top of this forum) and then try POPLA, as hirer, not saying who was driving.

That hooks it in your direction and you are then untouchable in Oz. And it means Britannia cannot write to the hire firm any more.

If we just ignore it

Don't be daft, the hire firm WILL PAY the full £100 on the second letter they see! Hence why you need to hook it in your direction now.

can they summon us to court if they want to or are we outside of jurisdiction?

They can't, you are safely outside jurisdiction but you MUST appeal to make it known you were the hirer (not driver) and that you are appealing as it was dark and the signs were unlit (no saying ''I didn't see'').

Attach a copy of the letter/email from the hire firm (to show they have named you and that you are the hirer who can appeal this) BUT NOT your hire agreement. This is all to be done online to Britannia of course, not by post.

Think of this as saving £100 and beating an unfair PCN re a site with unlit signs.