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

D_P_Dance

Well you are the only one in the country to whom this happens: -

I very much doubt it but would be pleased to see proof.

I have made several complaints to TS, one about a car, two about estate agents, one about an electrical device which was unsafe, (they got that banned from Ebay) and one about a clothing shop.  I am probably well known in TS.  

WRT CAB, my experiences have been far less fruitful.   

Jenni_D

You probably got a direct contact from a previous incident that they followed up on, and have been using that same contact address ever since - yes?

downwithpcn

Hi everyone, just wanted to give everyone an update on this.

I finally took GetAround to court and the court ordered them to pay back the original PCN as well as the admin fees they charged me for. The judgment was due to the fact that GetAround didn't have Parking Charge Notice from a private parking company in their terms and condition.

It took a year to get here, it was very annoying that they don't listen, but in the end, justice was served in this case.

Thanks to all of you who provided me with such valuable legal information, I learned a lot during this process and will pass what I learned to everyone who needs it.

To those who are new to this issue or reading this to get your head around your fake PCN, please don't give up, take them to court, and don't let them get away with this.

All the best to you all.

Coupon-mad

downwithpcn said:

Hi everyone, just wanted to give everyone an update on this.

I finally took GetAround to court and the court ordered them to pay back the original PCN as well as the admin fees they charged me for. The judgment was due to the fact that GetAround didn't have Parking Charge Notice from a private parking company in their terms and condition.

It took a year to get here, it was very annoying that they don't listen, but in the end, justice was served in this case.

Thanks to all of you who provided me with such valuable legal information, I learned a lot during this process and will pass what I learned to everyone who needs it.

To those who are new to this issue or reading this to get your head around your fake PCN, please don't give up, take them to court, and don't let them get away with this.

All the best to you all.

That is brilliant and we've never seen this done before!

Did you have a hearing?

What did the Judge say, was it a simple decision?

What defence and witness statement did the Defendant GetAround put in, out of interest?

Did they turn up to the hearing?

Le_Kirk

Abso-bloomin-lootly marvellous and well done!

Grizebeck

Yes it would be good to hear a short court report pls @downwithpcn

Not_A_Hope

Well done on your persistence. Perhaps other companies will amend their ways instead of jumping on the gravy train and find an excuse to earn a few extra bucks at their customers expense. More likely some of them will amend their T&Cs to include PCNs.

downwithpcn

Coupon-mad, your legal advice was particularly very helpful, I really appreciate the time you spend on this issue.

The court hearing was at the end of June, at HMCTS County Court in Central London (Royal Courts of Justice).

It happened over MS Teams and not in person.

Surprisingly they did turn up. They sent their representative who I believe was a junior from their legal department.

My argument was that based on their own T&C and contract, they were not entitled to charge my card for a parking charge notice from a private company.

The defense's argument was that although the parking charge notice isn't specified in their contract, the word "FINE" is very broad and contains a parking charge notice too.

They also argued that they are not a car rental/hire company, and they are rather a "peer-to-peer" car sharing platform so they do not necessarily need to follow road traffic laws (or something along the line).

I also argued that by paying for the notice, they took away my right to contest the notice as the private parking company consider the case closed.

I was unable to record the hearing, but as I remember the judge said the charge was unlawful as the definition of "FINE" is a ticket/penalty issued by local authorities or police.

I personally believe the issue is not these car rental company's terms and conditions, the issue truly comes down to these private parking companies (same old wheel clampers), I'm in the process of writing to my MP and if you guys can forward me any template please do so and I'll ask others to do the same.

Coupon-mad

I personally believe the issue is not these car rental company's terms and conditions, the issue truly comes down to these private parking companies (same old wheel clampers), I'm in the process of writing to my MP and if you guys can forward me any template please do so and I'll ask others to do the same.

Yep - but be aware the law has already been changed and regulation is coming very soon, so make your email informed about where we are at!

IANAL and don't give legal advice but I have some clout in the area of private parking, and I have been a constant attendee as the only consumer on the BSI/Govt Private Parking Steering Group since 2020.

Encourage your MP to get behind the re-published Code of Practice in a few months, and not to let the rogue parking industry get away with dumbing it down by their 2022 'kicking the can down the road' so far successful efforts.

And...for your own part...

...please don't leave us yet!

We need you - as a genuine PPC victim - to respond robustly to the Public Consultation on the level of parking charges and banning of the false added DRA 'fee' that too many honest motorists currently fall victim to.

It will need consumer input (powerful voices) but change is afoot. It's taken about 5 years to get to this stage:
https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

Were you aware of these changes?

And then the industry threw victims' money at it and blocked and delayed it - explained here:
https://forums.moneysavingexpert.com/discussion/comment/79310609/#Comment_79310609

Please now Bookmark BOTH threads and set up email alerts on your posting profile, so that you get an email alert when we post there, as we will, once the Public Consultation opens later this year, once the new Ministers are fully appraised.

We need people like you and your driving family & friends to respond in high numbers! You have a personal story to tell about the culture of getting a DRA to add a pointless £70 for their own profit, to be let loose to intimidate people.