No Stopping Hire Car Fine

Coupon-mad

I would include the fact that a no stopping breach allegation on private land can't fall under the POFA.  Keeper liability only relates to parking events.   Brief stopping is not parking. 

With no POFA in play, Sixt had no liability and need to butt out.

ecuador1

As expected, Sixt are having none of it, with the following email back;

Dear xxx,

 

We regret to hear that this fine might have been issued by mistake.

For this PCN, Sixt has transfered the liability on to you, the renter of the vehicle. Therefore, you can settle the fine with the authority directly.

For this process we charged you our administrative fee of GBP 40.00. The actual fine for the offence is not included in this fee. The relevant authority will contact you soon by regular post. You will receive a new payment deadline that might also allow discounted payment.

Please keep us updated about the appeal’s outcome. As soon as your appeal has been accepted and you send us over the cancellation confirmation, we will take immediate action.

Thank you for your support.


No way they read my email - in which I specifically stated this is not a fine issued by an authority.
Either way I don't think I'll be seeing this money back - it seems to me a successful appeal at any stage is never going to happen. The only other thing I seem to be able to threaten Sixt with is to not use their services again in future (which I already did in my initial response)... 

D_P_Dance

It is not a fine, that is the whole point.  

Either way I don't think I'll be seeing this money back -

Why not?  Complain to their regulatory body, complain to Trading Standards, complain to your MP,  take them to court, read this.

https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim

ecuador1

D_P_Dance said:

It is not a fine, that is the whole point.  

And neither is it issued by an authority - Sixt seem to keep referring to it as such in correspondence. However - in their T&Cs (please see my previous post) it seems they do also cover themselves for privately issued charges justifying their charging of an admin fee. I can bring up with them there incorrect wording in this email and as I said simply threaten to not use their services again but seems that's all I could do without a successful appeal... 

D_P_Dance

 but seems that's all I could do without a successful appeal.

No you can insist that they cancel the charge.  Mention the CRAE and threaten a court case.  You can also complain to the BVLVA  , complain  to Trading Standards and complain to your MP.   

Did you not read my previous post?

ecuador1

Did you not read my previous post?

Apologies - I completely missed the second half of that!!

Coupon-mad

Ddi you miss what I told you?  That there was no keeper liability to transfer with a no-stopping matter = non POFA.

DoaM

Coupon-mad said:

Ddi you miss what I told you?  That there was no keeper liability to transfer with a no-stopping matter = non POFA.

Which is the crux of it ... whether their T&Cs cover them for applying an admin charge is irrelevant; the foundation for the PCN was fundamentally flawed, therefore the PPC obtaining the keeper's info was not supported by any legislation. Accordingly, Sixt had no liability in the first place (for this invoice for an alleged debt, not a fine from an authority) therefore they had no contractual right to try and pass liability to you.

If they do charge your card with the admin fee, complain to your card provider to have the charge reversed as unauthorised as there was no contractual basis for Sixt to apply for it.

ecuador1

Coupon-mad said:

Ddi you miss what I told you?  That there was no keeper liability to transfer with a no-stopping matter = non POFA.

I said this EXACTLY within my email to Sixt! Hence why I speculated they basically didn't read my email and sent a template back...