UPDATE: Moving house - Europcar admin fee & awaiting NtH from Premier Parking Solutions HELP

Umkomaas

If the PPC fails to adhere to the PoFA deadlines they lose the ability to hold the keeper liable, or the hirer in your case. 

OnTheRoadAgain2000

Umkomaas said:

If the PPC fails to adhere to the PoFA deadlines they lose the ability to hold the keeper liable, or the hirer in your case. 

I've read through the relevant PoFA section but i'm not 100% sure on which bit is relevant.
Does taking 55 days (and counting) mean they have failed to adhere to the deadlines?
I'm asking as I'm going to present this to the hire company about their £40 admin fee. They will refund is "an appeal is successful". Obviously, I can't appeal until I receive something in the post. But if they have failed to meet deadlines then that should be good enough.
Thanks

Coupon-mad

It depends if the hire firm has properly transferred liability and gave the right address for you. 

OnTheRoadAgain2000

Coupon-mad said:

It depends if the hire firm has properly transferred liability and gave the right address for you. 

That would be hard to verify I suppose.
But according to the letter I received from Europcar with the badly photocopied NtK and their admin fee invoice (dated 5th October) they had already "supplied your details to the issuing body as the drivr as the time of the incident."

Redx

They may write that but cannot state it as fact because they have no idea who was driving , they were not present when the incident occurred , the driver was present , may have been alone and there may be zero witnesses

Umkomaas

I have to tell you that as PPS are IPC AOS operators, the prospect of any appeal being upheld is very, very unlikely, whether by PPS themselves or the IAS second stage appeal. Your hopes of having the admin fee returned will have to lie with a Judge at any future court case. PPS have 6 years to bring a case to a court hearing, which they may never do, and if the latter, that does, I'm afraid, leave you in limbo. 

Coupon-mad

OnTheRoadAgain2000 said:

Coupon-mad said:

It depends if the hire firm has properly transferred liability and gave the right address for you. 

That would be hard to verify I suppose.

No, it's easy.  You must ask Europcar for a copy of what they sent about you, under your SAR rights and tell them you are keen to see when they transferred liability and what data they put on the form or letter, because the parking firm have not contacted you.

OnTheRoadAgain2000

Coupon-mad said:

OnTheRoadAgain2000 said:

Coupon-mad said:

It depends if the hire firm has properly transferred liability and gave the right address for you. 

That would be hard to verify I suppose.

No, it's easy.  You must ask Europcar for a copy of what they sent about you, under your SAR rights and tell them you are keen to see when they transferred liability and what data they put on the form or letter, because the parking firm have not contacted you.

Okay, thank you Coupon-mad. I will do. SAR rights? Is that something to do with data protection?
Just to double check - I'm not encouraging them or flagging up the correct way for them to do things am I? I don't want to !!!!!! up the chance for them to do everything wrong.

OnTheRoadAgain2000

Umkomaas said:

I have to tell you that as PPS are IPC AOS operators, the prospect of any appeal being upheld is very, very unlikely, whether by PPS themselves or the IAS second stage appeal. Your hopes of having the admin fee returned will have to lie with a Judge at any future court case. PPS have 6 years to bring a case to a court hearing, which they may never do, and if the latter, that does, I'm afraid, leave you in limbo. 

I understand that with the IPC process. But what I'm confused about is if they don't get in touch for well over the 21 days they have after receiving correct info from Europcar, does that not mean if they did choose to go to court, however, unlikely, it would go against them?
One more thing: I actually changed my credit card before I received the Europcar admin fee invoice. So the info they have is incorrect. And I have just received a new letter from them to say they have not been able to take the £40 payment and requesting i make a payment within 7 days. What are the implications of that? Am I safe to just ignore them? Am I right in saying there is nothing they can do?

Were_Doomed

All acronyms are explained in one of the posts in the NEWBIES thread.