Parking Charge Notice / Hire Car / Driver lives abroad

StaffsSW

nosferatu1001 said:

Yep, and as they have called it admin, yu can now get them to prove that they have really spent £42 worth of time. given the admin staff who process this are on £10 an hour and it takes 5 minutes, they may struggle...

A lot depends on the ownership of the vehicle - our hire fleet consists of vehicles owned by ourselves, but also leased in from other suppliers. £15-£20 admin cost per supplier is not unusual and the cumulative cost of these will be passed on. There are more costs involved than just the hourly wage!  That said, we do refund any that are successfully appealed, but we also end up having to spend a lot of time challenging them, even as far as court, where the PPC simply refuse to transfer liability despite doing everything by the book. It's a fairly common trick for a PPC to simply deny ever receiving our documentation, even when it is emailed or sent recorded.  
(A customer did once challenge us on this actual cost point, but backed down when we justifiably demonstrated that our cost was into three figures. It also didn't help that they failed the attitude test with me....) 

The BVRLA updated the T&C's in summer 2016, so it is going to be rare to find anyone that is still using agreements that pre-date this. The correct wording makes specific reference to POFA 2012 and parking charges separate from fines, tolls and other costs.

D_P_Dance

they've passed on our details to the private parking company (and charged us GBP 42 for the privilege).

This may well be a breach of contract.

These so called fines are in fact invoices from ex clampers for monetary recompense for the alleged harm they have suffered at your expense.  You only need pay them if a judge orders it in curt.  If the hireco wil not co-operate complain to their trade association.   

nosferatu1001

Kerry - what you read elsewhere is basically garbage. People talk rubbish
You must, however, start your own thread. You agreed NOT to hijack threads, when you signed up. 
StaffSW - yep, however again, those admin costs likely arent fully recoverable either, if challenged properly. The costs spent on running the rest of the business is also NOT recoverable as a discrete charge...
The BVRLA also signed that crap MoU which means that no hire firm escapes liability for private charges, right?

StaffsSW

The MoU isn't legally binding, only advisory. If we do everything we are meant to in accordance with POFA, all the MoU can request is that we pay and recharge it to make things easier for the PPC.... Yeah, right-oh...  I did try to influence that when it was created by suggesting a post-payment appeal clause - if the hire company did pay it, then the hirer would still have an option to appeal at POPLA, but strangely enough the BPA were not keen on that idea.
I promised them that I would continue to challenge the PCNs where appropriate, and have stuck to that policy since. 

nosferatu1001

I meant the MoU whereby the hire agreement and other docs arent included, meaning the PPC cannot hold the hirer liable...that part

StaffsSW

nosferatu1001 said:

I meant the MoU whereby the hire agreement and other docs arent included, meaning the PPC cannot hold the hirer liable...that part

Ah yes, the MOU says we just have to provide the details without copies of the hire agreements, which is contradictory to Para 13 of POFA. 
We ignore that bit - our standard reply letter includes a copy of the hire agreement.

It's also worthwhile identifying the hirer at every stage prior to court action, then Para 5 (2) can be used against them - if they have already been provided with driver details, they can not instigate action against the keeper.

The BVRLA are well aware of our opinion on the MoU....