Europcar / Parking Charge Notice / Newcastle Airport

strengthz

Dear All,
I'm taking the advice of fellow forum members to start a thread on my situation. 

I live abroad (Germany). I had a rental car for a single day, for which I was served 2 PCNs (Parking Charge Notices) in NCL Airport. First one was while stopping on the road for 30 seconds to pick up my colleague, second one was while stopping for 30 seconds to drop him off.
Europcar has already paid the reduced amount (GBP 60) "on my behalf" and is now trying to recover it from me (together with GBP 40 Third Party Administration Charge per PCN, total GBP 200 for both PCNs). I am trying to understand my options here. Specifically Europcar has sent me (for each PCN) 4 documents:
1. a document called "Traffic Violation Invoice", invoicing me GBP 60 for the PCN + GBP 40 for the Adminstration Fee
2. a separate letter (which I'm also attaching below), indicating how I shall pay them and what I should do in case I want to appeal the PCN
3. The original PCN and
4. A Third Party Representation Letter where they authorise me to appeal the PCN directly with UKPPO. Letter states the following: "Please accept this letter as confirmation that Europcar UK authorise you to communicate directly with the nominated person detailed below in relation to the Penalty Charge Notice they have received:..."

The T&Cs of Europcar explicitly mention Parking Charge Notices: europcar.co.uk/files/live/sites/Europcar.co.uk/files/tcs/CGL_EN_GB-1.pdf, section 9.3.1: 
Some excerpts:
Where the term ‘issuing body’ is used in this section 9.3.1 it can apply to any, or all, of the following organisations:
1. police or other enforcement agencies or other issuing authorities where a driving offence or suspected driving offence has been committed during a Hire Period; and
2.either a public or a private enforcement agency that is entitled to issue parking charge notices and associated fines where a purported or actual breach of contract has arisen.
...
If we receive a penalty charge notice or a parking charge notice that is issued by any issuing body for the Vehicle during your Hire Period and which is capable of being paid then  we may pay it so that we mitigate the cost of it. Where we, at our discretion and for whatever reason, choose to pay such charges you will reimburse us the said charge plus our Third Party Administration Charge (for each charge we pay or each time we deal with such correspondence). If we do pay it then we will take the following actions:
1. we will give you notice that we have paid the penalty and supply an invoice for the cost of the penalty plus our Third Party Administration Charge; and
2. we will tell you that we intend to take the money for the cost of the penalty and the Third Party Administration Charge from your credit/debit card within 14 days of the date of our notice to you unless you write to us with a legitimate reason why the fine or penalty should not have been paid.
3. If you do not contact us or you admit the validity of the fine or penalty then we will take the money from your credit/debit card on the 15th day following the date of our notice 4. If you do contact us with a legitimate reason as to why the fine or penalty should not be paid then we will put this to the issuing body. If the issuing body refuses your appeal then we will confirm this to you and then take the money for the cost of the penalty and the Third Party Administration Charge from your credit/debit card. If the issuing body allows the appeal and both rescinds the fine or penalty and confirms to us that the original charge did not apply in any event then we will not take any money from your credit/debit card.

I understand that I stand no chances of a successful appeal against UKPPO, since Europcar has paid the PCN. I have also read a MoU signed between BPA and BVRLA where it states (point 4.3.1) that the first point of action should have been to name the hirer to UKPPO, instead of just paying the PCN on my behalf. Are these grounds that I can use to refuse paying Europcar? Are there any other suggestions?
Many thanks in advance. 

nosferatu1001

Those terms are likely void for ambiguity. 
"may" pay. Well, you take it that they may not. 
You can try to appeal - f you do contact us with a legitimate reason as to why the fine or penalty should not be paid then we will put this to the issuing body. 

Umkomaas

If Europcar have paid both parking charges, this is now beyond the real expertise of this forum. There is no appeal avenue open to you with the parking firm, they've been paid and neither you nor Europcar will get any money back from them. 

So your argument has to be with Europcar (have you read the BVRLA document I linked you to in the other thread you posted on?) and with your credit card company. There are probably better sub-forums here on MSE who might be able to offer you more expert advice on how you might recover your money from Europcar (or stop them from taking it if they haven't done so yet). If there is a 'Credit Card' sub-forum, that might be a good place to start. 

nosferatu1001

I would say that denying you your Article 6 rights makes that entire provision illegal. 

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

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.

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.

Fruitcake

The hire agreement denies you the right to an appeal and the right to a second stage independent appeal. Once a charge has been paid it cannot be appealed.

It has also denied the hirer the right to name the driver so that they can appeal or pay the charge themselves. 

The contract says "... we mitigate the cost of it" but by paying it they have done precisely the opposite. Mitigating the cost would be allowing you to appeal or defend in court, and win. You have been denied the opportunity to mitigate the cost yourself.

As already mentioned, the BVRLA has specifically told its members, of which Europcar is one, not to pay a private scamvoice but to pass it on to the hirer. They are allowed to charge a fee for doing that.
In addition, they have not followed the PoFA 2012 by providing the scammers with the hirer's details and a copy of the hire agreement. If they had done that they would have absolved themselves of liability.

All in all it is an unfair contract. I suggest you put a stop on the card payment by declaring it as fraudulent to your card provider.

D_P_Dance

Personally, I would take this to Trading Standards  The hire agreement may well contain unfair terms in a consumer contract contrary to The Consumer Rights Act 2015

strengthz

Many thanks for the useful responses. As per the T&Cs, Europcar may only proceed with charging my credit card unless within 14d I write to them with a legitimate reason why the invoice should not have been paid. Is it recommended to contact Europcar or am I better off not contacting them at all? I was intending to send the following on the 13th day after I received the invoice - I drafted it based on your feedback and some associated research I did:

Europcar has already paid the associated Parking Charge Notice. As such, Europcar has denied me the opportunity to an appeal or defense in court. 

Europcar, being a part of the British Vehicle Rental and Leasing Association (BVRLA), has specifically been instructed to not pay private invoices but pass them on to the hirer. Europcar is in violation of Clause 4.3.1 of the Memorandum of Understanding between the British Parking Association (BPA) and the BVRLA.

Europcar is also in violation of the Protection of Freedoms Act 2012, obliging the vehicle-hire firm (Europcar) to provide to the creditor:

a) a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

b) a copy of the hire agreement; and
c) a copy of a statement of liability signed by the hirer under that hire agreement.

I consider the aforesaid charge/invoice by Europcar as fraudulent and deny to pay it.

Fruitcake

defense in court. Should be defend, or submit a defenCe

Definitely send it to Europcar. 

Change this, "I consider the aforesaid charge/invoice by Europcar as fraudulent and deny to pay it."
To something like, "will report it to my card provider as such."

Quote any German laws/regulations that might help.

Complain to the BVRLA as well and tell Europcar you are doing so.

D_P_Dance

If the hire co play silly beggers read this

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/making-a-small-claim/