Getaround (P2P) paid for Parking Charge Notice from private parking company

downwithpcn

Thanks Castle, will definitely file a complaint there, good call.
nosferatu, not trying to fish here, they really put me through hell in the past 2 months, but yes maybe you are right.
Half_way, will look into it, thanks for letting me know.
I'll update everyone soon with the outcome.

Redx

Without a doctor's statement or some other proof other than just your word about emotional distress , don't bother with that topic

This is a financial dispute , stick to provable financial subjects , plus the terms and words on that hire contract , no traffic laws were broken , no authorities were involved , they didn't follow bvrla guidelines , they prevented your right to appeal and popla adjudication by not naming the hirer , facts , so stick to facts and financial losses and time spent on sorting this out in court

downwithpcn

Thanks Redx, really appreciate your advice.  Will keep everyone posted.

Fruitcake

You were denied the right to appeal the initial charge, and denied the right to an independent appeal in accordance with the Alternative Dispute Resolution Act 2015 had your initial appeal been unsuccessful. 

nosferatu1001

Remember your LBA should have contained the grounds you would be claiming under already, and the amounts. I dont believe you showed us  y our LBA

downwithpcn

nosferatu, you are correct. I was actually wondering about that. I only stated the £95, didn't mention anything about the loss of earnings or time spend on the court. I thought I could include that in the claim form. Here is the LBA:

Re: Parking Charge Noticed for rental #XXXXXXX

I have not received a reply to my last two emails dated 15.02.21 and 23.02.21 regarding the unauthorised charges to my card in relation to the parking charge notice the keeper received. The emails explained the charge Getaround have illegitimately made to me to pay does not qualify under the terms and conditions nor rental agreement as it relates to an invoice from a private company and not from an authorised government body. The terms are clear that only in the case where there is a penalty or fine payable, I will be liable, and since this is not a fine nor a penalty, I’m not responsible, and that’s why I am entitled to a refund.

I am once again requesting a full refund of the purchase price of £95 on the grounds that the rental agreement was signed under the rental agreement signed under S66 Road Traffic Offenders Act 1988 and Schedule 6 Road Traffic Act 1991. I enclose a copy of the rental agreement.

To avoid taking court action, I am willing to use Alternative Dispute Resolution to resolve this problem. If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.

I look forward to your acknowledgement.

Yours sincerely

Their reply:

Thank you again for reaching out to Getaround in relation to the infraction applied to your rental #XXXXXXX. I can confirm that we have received your letter and your complaint has been registered. 
To reiterate on the previous conversations between yourself and my colleagues at Getaround, as stated in our Terms of Service:
“The Renter alone is liable for any infractions or violations of Traffic Laws that may be committed with the Vehicle during the Rental.”
A parking fine issued by a private company is classed as an “infraction” as it is a breach of contract between the owners of the land, and yourself, should you have proof that you had permission to park there, I would advise that you contest the fine directly with the issuers or the landowner, should this be successful and the Owner be refunded, we will be happy to refund you in turn.
I would like to remind you that your contract is between yourself and the car owner, Getaround acts as an intermediary and does not actively issue any fines. As the infraction was issued during your rental, you are liable to pay it, as well as a management fee to compensate the car Owner.
If you believe that this fine has been issued to you in error by the parking management company, I invite you to send the relevant proof in order to contest the fine with them directly, if you are successful and the fine is refunded to the car Owner, you will in turn be refunded.
If you are unable to resolve the matter with the parking management company, I refer you to contact their governing body, alternatively you can contact the Citizens Advice Bureau. https://www.citizensadvice.org.uk/law-and-courts/parking-tickets/
Kind regards,
Jim - Getaround

Half_way

A private company can not issue a fine, there is no fine to contest

Fruitcake

It looks like you are taking them to court.

Half_way

Somewhere they is a letter of understanding from the BVLRA - trade association for vehicle hire companys on how to deal ppcs, I've got a feeling that in this case it is being ignored

Redx

Half_way said:

Somewhere they is a letter of understanding from the BVLRA - trade association for vehicle hire companys on how to deal ppcs, I've got a feeling that in this case it is being ignored

https://www.bvrla.co.uk/guidance/road-traffic-offences.html is one reference to it

https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwj9yZqG8M3vAhXiRhUIHWWpAykQFjABegQIAhAD&url=http://www.bvrla.co.uk/uploads/assets/uploaded/61b3298b-a918-499b-9ac8b8bea2b726a0.pdf&usg=AOvVaw2wHpEzUkTtZJGhWOxWkcHF

is the pdf download on their website

further discussions here on MSE

https://forums.moneysavingexpert.com/discussion/5778412/met-parking-services-at-mcdonalds-fine-for-rental-car/p1