UKPC PCN - Hire vehicle

Coupon-mad

They can't contact Enterprise if you say to UKPC by email that you were driving (using the email I gave you) but that is up to you.

B789

jh47777 said:

I might add btw that Enterprise tell me they charge a flat fee of £35 to forward any correspondence at all, I see no mention of this in the hire contract and only mention of traffic violations and fines. I have a feeling Lloyds bank will inevitably decline to put a hold on the £35, has anyone else been through anything similar with enterprise?

I find help with Visa hit and miss in things like this.

Unless your hire agreement specifically says that they can charge you £35 for forwarding any and all "correspondence" they have with "anybody" then I don't think you are obliged in any way to pay that fee. It is very likely that their hire agreement does specify when they can charge you £35 and that will include things like "fines" and other regulatory offences. However, it is very unlikely that speculative invoices from private companies, including parking ones, is covered.

If they charge you the £35 then you just ask your credit card company to put a hold on it and explain why as you believe you are not contractually liable. They will do their own investigation and eventually make a decision one way or another. If you do not agree with that decision and are charged £35 for something that you are not contractually liable for, you can do exactly as the PPC is doing to you... you take them to small claims court.

As for anyone's experience with similar matters, yes, I have, in the past, put a hold on a charge by a car hire company. It was very similar circumstances except that the hire was in Spain. I had received a "ticket" whilst parked. However, the "ticket" was not a charge or a fine. It was simply a notice warning the driver that if they parked in that location again, then they would be liable for a fine. It was received by the hire company as the equivalent of an NtK and then they forwarded me the notice and charged €50 or whatever it was. I translated the notice and saw that it was neither a fine nor a penalty and protested and had the charge put on hold. It was eventually agreed that the charge was not applicable as it didn't fall under the definition of any of the terms of the hire agreement.

jh47777

Hello,

Looks like I’m back with a Letter of Claim from DCBlegal. I’d never actually received any correspondence from UKPC, just the LOC

Sent UKPC an SAR and DCBL an email as advised on here

Not sure what to do next really? 

B789

Second post in the Newbies/FAQ thread explains what to do now.

jh47777

Update: received claim form. Do I make my own thread?

Fruitcake

This is your thread. Please don't start another.

Read the guide to court written by bargepole that you will find in post 2 of the NEWBIES in conjunction with the template defence thread that includes a twelve step guide.

Do the AoS on day six from the date of the claim form to give you the maximum time to respond.

Post the parts of the draft defence that you will be amending to suit your case. This would normally be paragraphs 2 and 3. Please don't post the rest of the template.

Are you defending as driver or hirer/lessee? That will determine how you word para 2.

KeithP

jh47777 said:

PCN 01/02/2023
Went through the motions and appealed, denied. I received window PCN but no documents after as this was a hire vehicle at the time.

Have SAR from UKPC. I received a ticket for not displaying blue badge although I sent it to them later.

Received claim form 10/10/2023 (Issue date)

please advise. Thank you all

With a Claim Issue Date of 10th October, you have until Monday 30th October to file an Acknowledgment of Service but don't do that before 14th October. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 13th November 2023 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute. 

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

jh47777

Fruitcake said:

Are you defending as driver or hirer/lessee? That will determine how you word para 2.

Thanks Fruitcake, what would you advise I defend as? When appealing, I made sure to appeal as the hirer. I avoided the use of the word driver

Thanks Keith, I will do AoS on 16th (sixth day of service) as advised

Fruitcake

If you weren't driving then of course you defend as hirer/lessee because you can't be held liable. If you were driving, then you could still defend as hirer/lessee, but if the judge asks you, "Were you driving?" you have no option but to tell the truth, and that defence point goes out the court window.

The wording of your para 2 will depend on whether the hirer/lessee was or was not the driver.

UncleThomasCobley

Fruitcake said:

If you weren't driving then of course you defend as hirer/lessee because you can't be held liable. If you were driving, then you could still defend as hirer/lessee, but if the judge asks you, "Were you driving?" you have no option but to tell the truth, and that defence point goes out the court window.

The wording of your para 2 will depend on whether the hirer/lessee was or was not the driver.

You could answer that you are not legally obliged to answer that question. There is no statutory requirement.