Hire company paid PCN and billed me 176 days later

parkingshouldbefree

Coupon-mad said:

The keyword here isn't 'immediately', It's 'fines, penalties and damage' none of which covers an alleged contractual private parking charge invoice, which is most certainly none of the above.

These sentences need re-writing as a single sentence, and a word is missed out:

" There was no legitimate reason for your failure to Premier Parking Ltd. With my details, leading to their failure to send me the Parking Charge Notice as per protocol."


And you say:

"On that date I was given a Parking Charge Notice which is an invoice for supposedly breaking a contract."

Were you actually GIVEN a PCN on the windscreen?  Most PPCs don't do that, but if they did why didn't you appeal it, to stop Auxillis ever hearing about if?

Apologies if I have not been clear, the email on 18/09/22 was the very first time I knew about the PCN. I never saw a parking warden (no ANPR) or ticket in hand.

I have re-written the paragraph to combine it all and make it clearer:

When agreeing to the Vehicle Hire Agreement I provided all relevant, updated and complete details (...) to provide to Premier Park Ltd. There was no legitimate reason for your failure to provide these to the parking company as per protocol.

The Vehicle Hire Agreement I signed allow for the recharge of a specific and complete list of reasons as set out in Clause 20, it is imperative to understand that you were provided an invoice from a private company which is not included in Clause 20. Clause 21 continues on to cover the recharge element that I am disputing today—there was no right to charge my card as no element of Clause 20 was broken and no monies should have been paid to Premier Park Ltd. Additionally, in the pre-contract also signed the statement “You will be required to provide credit or debit card details and an authority for Auxillis to charge it with payments immediately due under the hire agreement (fines, penalties and damage)." And as detailed previously, this list does not include what I allegedly received on 26 March 2022. Another key element of the statement is "charge it with payments immediately due" which was gravely failed upon, with my first notification of the Parking Charge Notice 176 days after the matter on 18/09/22 which is completely unacceptable and unenforceable as the timeframe fully goes against Schedule 4, paragraph 14(2) of the Protection of Freedom Act as no notice to hirer was provided to me within 28 days.

Thanks for that. I've updated it to be 'Notice to hirer' which I believe is correct now:

Le_Kirk said:

which is completely unacceptable and unprofessional, as well as, making the charge unenforceable as the timeframe fully goes against Schedule 4, paragraph 13(1) of the Protection of Freedom Act as no notice to keeper was provided to me within 28 days.

Weren't you the Hirer or have I misinterpreted your post?

Coupon-mad

Are the PPC actually alleging you 'received' a PCN on the date of the parking event in March? Are you sure?

And there's no such firm as Premier Parking Ltd. 

parkingshouldbefree

Coupon-mad said:

Are the PPC actually alleging you 'received' a PCN on the date of the parking event in March? Are you sure?

And there's no such firm as Premier Parking Ltd. 

Yes, I'm sure. You can see on the PCN at the top of this post the 'date issued: 26 March 2022' Within the paragraph. And Premier Park Ltd (not Premier ParkING Ltd) is a company at premierpark.co.uk and they're BPA members?

Sorry, am I missing something here? I appreciate all the help so far don't get me wrong and I don't want to seem rude but I've done basic fact checking.

Coupon-mad

The NTK sent to the lease firm on 28th March doesn't allege anything was 'issued' to you. It wasn't.  So it's not correct to say:

"And as detailed previously, this list does not include what I allegedly received on 26 March 2022."

A NTK was posted to the lease firm, not you, and no ticket was issued to you at all, that's why the above sentence doesn't make sense.

parkingshouldbefree

I apologise, I understand what you mean now.

The PPC is not alleging I parking incorrectly, the hire company is.

In their email: "This [£120] is charged as we recieved a penalty notice charge whilst you were in possession of the hire vehicle." They are the ones alleging I parking incorrectly. I have corrected the sentence to:

Additionally, in the pre-contract also signed the statement “You will be required to provide credit or debit card details and an authority for Auxillis to charge it with payments immediately due under the hire agreement (fines, penalties and damage)." And as previously detailed, this list does not include what you received on 26 March 2022.

Do you think that, all combined, now makes more sense? Thank you again!

Here is the email too for context and transparency:

Coupon-mad

They didn't receive anything on 26th March, though.

That was the parking event date.

Nor can they have received anything on the 28th, because that's the date the letter was printed at the parking firm's offices.

I think the word 'list' isn't clear.  The words are not a list.  Why not use the phrase I used to you earlier?

The keywords here are 'fines, penalties and damage' none of which covers an alleged contractual private parking charge invoice, which is most certainly none of the above.

parkingshouldbefree

As per your advice, I have updated the letter to not specifically mention when they received the PCN but to focus on when I allegedly got the PCN and when I received their email. I also added your phrase. You're right, it wasn't clear enough.

Here is the letter in full, I think it's accurate and in a good spot. Do you think this draft is okay? Again, thanks so much for the help.

This email is in relation to an email I received 18 September 2022 regarding a Parking Charge Notice I was allegedly given while in possession of a hire vehicle (XXXX XXX) from Auxillis Services Limited. There was a charge on my credit card for £120.00 on the same day that was unauthorised and in violation of the Vehicle Hire Agreement I signed before the start of my hire period.

Specifically in regards to the email sent to me by the Auxillis Client Charges Team, there is the phrase 'Penalty Notice Recharge' used as is the word 'fine'. Both of which are inaccurate as to the nature of the Parking Charge Notice I was allegedly given on the 26 March 2022 during my hire period, from this I can only infer that the member of the team was confused and mistakenly attempted to recharge me. On that date I was allegedly given a Parking Charge Notice which is an invoice for supposedly breaking a contract with the land owners. As members of the BVRLA (and with Premier Park Ltd. Being members of the BPA) you would be well aware of the Memorandum of Understanding developed between the two organisations in November 2013. In section 4.3.1 it clearly states that 'When a BVRLA member receives a PCN, which relates to a vehicle that was, at material time, subject to a lease or hire agreement, then the BVRLA member will provide full written details of their customers or hirer to the BPA member that has issued the PCN where the contract allows them to provide the customer or hirer details.' This was more recently affirmed in the BVRLA's Parking Code Enforcement Framework consultation & PAS 232, Privately managed parking – Operation and management, on page 2 under Transfer of Liability, which was published in October 2020.

By charging my card you have evidently failed to abide by these guidelines meaning you have broken the BVRLA Code of Conduct that you agreed to as part of your membership under the guise of 'preventing further increases in cost'. Without my consent or knowledge you have denied my legal ability to appeal the Parking Charge Notice. When agreeing to the Vehicle Hire Agreement I provided all relevant, updated and complete details (full name, current address, email, phone number, and drivers licence) to provide to Premier Park Ltd. There was no legitimate reason for your failure to provide these to the private parking company as per protocol.

The Vehicle Hire Agreement I signed allow for the recharge of a specific and complete set of reasons as featured in Clause 20, it is imperative to understand that you were provided an invoice from a private company which is not included in the clause. Clause 21 continues on to cover the recharge element that I am disputing today—there was no right to charge my card as no element of Clause 20 was broken and no monies should have been paid to Premier Park Ltd in the first place. Additionally, in the pre-contract I also signed is the statement 'You will be required to provide credit or debit card details and an authority for Auxillis to charge it with payments immediately due under the hire agreement (fines, penalties and damage).' The keywords here are 'fines, penalties and damage' none of which covers an alleged contractual private parking charge invoice, which is most certainly none of the above. Another important element of the statement is 'charge it with payments immediately due' which was gravely failed upon, with my very first notification of the Parking Charge Notice 176 after the matter on 18/09/22 in your email which is completely unacceptable and unenforceable as the timeframe fully goes against Schedule 4, paragraph 14(2) of the Protection of Freedom Act as no notice to hirer was provided to me within 28 days.

I am writing today to wholly dispute the charge to my credit card on the 18 September 2022 and request a full refund of £120.00 for the unauthorised charge. I am providing 14 days for the amount to return to my account otherwise I will be forced to chargeback the amount with my bank under Section 75 Protection as you have broken our contract as well as make a formal appeal to the BVRLA for your abhorrent misconduct.

For context here is Clause 20 & 21 of VHA:

20. You must pay all road tolls, penalties, impounded vehicle charges, infringements, congestion charges or any other charges imposed by statute or otherwise relating to the way in which the Hire Vehicle is used, driven or parked

21. You must when asked pay Us on demand (i) the reasonable retail cost of providing or arranging roadside assistance (except where it is provided to rectify or deal with a matter that is Our liability under this agreement) (ii) for any of the costs set out in clause 20 which We have paid on Your behalf and (iii) an administration fee of £50 plus VAT for each occasion We deal with a damage claim relating to the Hire Vehicle or receives a charge and/or penalty or notification of any of them and each time We demand payment from You in respect of payments due under this agreement other than Charges.