IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

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

Options
12346

Comments

  • Half_way
    Half_way Posts: 7,476 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 15 April 2021 at 2:03PM
    Even if they mentioned paying  private parking  charges, and then passing this on to the customer,  there would be a question as to if that would breach the consumer rights act
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 15 April 2021 at 2:14PM
    Half_way said:
    Even if they mentioned paying  private parking  charges, and then passing this on to the customer,  there would be a question as to if that would breach the consumer rights act

    Yes, because a clause stating that it will pay PCNs from private unregulated companies would remove the consumer's right to appeal which would be unfair, and therefore breach the CRA 2015 and ADR Act 2015.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Personally,  I would also complain to Trading Standards about the hire company.  They have deprived you of your right of appeal. mand infringed your consumer rights.  
    You never know how far you can go until you go too far.
  • Thanks D_P_Dance, yes I was going to do so after the court ruling. Do you know which Trading Standards I should contact with?
  • Le_Kirk
    Le_Kirk Posts: 24,566 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I believe you have to contact Trading Standard via Citizen Advice, therefore your local one.
  • Coupon-mad
    Coupon-mad Posts: 151,905 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Don't forget in your reply to defence that this was never theirs to pay, because the Owner or Keeper is not liable.  It was merely a letter from Smart Parking asking for the identity of the hirer/driver but it wasn't a Notice to Keeper compliant with the POFA 2012. 

    Smart Parking never use that Act (their choice) and can't have held the owner, keeper nor hirer liable. This was only ever for the driver to appeal or pay, and not theirs to take that decision away.  Unlike a  Police Nip or a Local Authority or TFL postal NTO (and indeed, unlike a POFA parking charge notice) there was no liability on the part of the keeper/owner.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thank you Coupon-mad, I will certainly add that to my reply and will keep you all posted.
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Le_Kirk said:
    I believe you have to contact Trading Standard via Citizen Advice, therefore your local one.
    Really?  I write to them direct.  They always reply.  
    You never know how far you can go until you go too far.
  • MothballsWallet
    MothballsWallet Posts: 15,864 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 April 2021 at 5:20PM
    D_P_Dance said:
    Le_Kirk said:
    I believe you have to contact Trading Standard via Citizen Advice, therefore your local one.
    Really?  I write to them direct.  They always reply.  

    That's probably because they know who you are - the rest of us are not that lucky.
  • Le_Kirk
    Le_Kirk Posts: 24,566 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    D_P_Dance said:
    Le_Kirk said:
    I believe you have to contact Trading Standard via Citizen Advice, therefore your local one.
    Really?  I write to them direct.  They always reply.  
    Well you are the only one in the country to whom this happens: -
    https://www.citizensadvice.org.uk/consumer/get-more-help/report-to-trading-standards/

    Extract from Citizens Advice
    Report a business to Trading Standards
    To report to Trading Standards, you need to contact the Citizens Advice consumer service
    We’ll pass your report to Trading Standards and we can also give you advice about your problem. 


Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244K Work, Benefits & Business
  • 598.9K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.