Help Needed: PCN for Overstaying at Euro Car Parks - Need Advice

vjspeaks

Hello everyone,

I am on a Tier 2 dependent visa and used my Indian license (valid for 12 months since entry) to rent a car on 29th June from Enterprise in Glasgow, Scotland. On 13th July, I received a 'traffic violation notice' email from Enterprise for overstaying by 30 minutes at Euro Car Parks in Linlithgow, Scotland, where I had lunch with my family. The fine is £100 plus a £35 admin fee.

Here's what I've done so far:

1. **Appealed to Euro Car Parks**: Requested a one-time courtesy write-off since I'm not local. Unfortunately, I found out about the MSE Forum and the issues with these private parking companies only after appealing.

2. **Contacted the Restaurant**: They declined to help, stating they have no control over the attached parking, which is primarily for Tesco, and they are a small business.

3. **Emailed Enterprise**: Asked them not to charge my account, explaining this is a parking invoice, not a fine, and if they proceed, I may have to ask my bank to block them.

Despite reading the newbie forum posts, I’m still confused about my next steps. My case seems to overlap with others but has specific nuances I can't fully grasp. Any guidance would be greatly appreciated.

Thank you!

Best Regards,
Vijay M

Gr1pr

No keeper liability in Scotland, so did you reveal who was driving in your appeal to ECP. ? Yes or No. ?

Did ECP send a Notice to Hirer to you with YOUR name and address on it. ?  Yes or No. ?

Try to get the retail park management team or landowner to cancel the PCN, they have the power to do so , if they want, not the restaurant 

vjspeaks

Gr1pr said:

No keeper liability in Scotland, so did you reveal who was driving in your appeal to ECP. ? Yes or No. ?

Did ECP send a Notice to Hirer to you with YOUR name and address on it. ?  Yes or No. ?

Try to get the retail park management team or landowner to cancel the PCN, they have the power to do so , if they want, not the restaurant 

Thank you for your response.

1. I did not categorically say I was the driver but may have inferred it when I said, "I may not be fully aware of the local parking law, so could you please write this off as a one-time courtesy."

2. ECP sent the "Notice to Owner" to Enterprise with Enterprise's name and address on it. Enterprise then sent me an email stating - As the owners of the vehicle, we are required to provide the hirer's details to the relevant issuing authority who will in turn re-issue the fine to you. I have not yet heard from ECP.

3. I will try to contact them. Thank you!

Gr1pr

You should have waited for the letter from ECP to arrive, instead of appealing the one that was emailed to you but not sent to you. ECP are not an authority, just a private parking company that issued an invoice for overstaying 

Plan A is your best option here, a landowner cancellation, because nothing else will succeed 

Its unlikely to go to court 

LDast

Check the terms of the hire agreement for mention of "parking charges". If there is no mention of "parking charges" and only refers to "fines" or "penalties" from the "police", "councils" or "authorities", get your credit card issuer to chargeback the administration fee as you must dispute it.

As for the PCN, you can simply ignore it. No one but the Hirer knows the identity of the driver unless the Hirer blabbed it, inadvertently or otherwise. Not a big issue as it is in Scotland and even with the drivers identity known, it is highly unlikely that they would pursue a singe PCN all the way to court through the Simple Procedure as they are unable to claim any costs for claims of £300 or less. There is no money in it for them.

vjspeaks

Gr1pr said:

You should have waited for the letter from ECP to arrive, instead of appealing the one that was emailed to you but not sent to you. ECP are not an authority, just a private parking company that issued an invoice for overstaying 

Plan A is your best option here, a landowner cancellation, because nothing else will succeed 

Its unlikely to go to court 

Thank you, Gr1pr. That makes sense; I was just a tad bit late in getting introduced to MSE!

If I may ask one question, please: The last day to pay the reduced fine of £60 is 19th July. While I can try option A (a landowner cancellation), the chances of getting a reply to my email within 2 days seem slim. Should I still try to at least save the £35 by getting Enterprise out of the equation? By this, I mean blocking my card and never using them again, as I remember reading on some other threads.

Grizebeck

It isn't a fine 

vjspeaks

LDast said:

Check the terms of the hire agreement for mention of "parking charges". If there is no mention of "parking charges" and only refers to "fines" or "penalties" from the "police", "councils" or "authorities", get your credit card issuer to chargeback the administration fee as you must dispute it.

As for the PCN, you can simply ignore it. No one but the Hirer knows the identity of the driver unless the Hirer blabbed it, inadvertently or otherwise. Not a big issue as it is in Scotland and even with the drivers identify known, it is highly unlikely that they would pursue a singe PCN all the way to court through the Simple Procedure as they are unable to claim any costs for claims of £300 or less. There is no money in it for them.

This is what's stated in the agreement - 

4. Renter's Main Obligations

(a) Renter is required to

...

(viii) pay any administrative fines, fees, charges, costs, penalties, or other fines that are imposed, issued or incurred in connection with the Renter's usage of the Vehicle during the Rental Period (including usage of the Vehicle by Authorised Drivers or other third parties who are permitted by Renter to use the Vehicle), such as fines or fees for illegal parking or speeding, non-compliance with bus lane, congestion charges, tolls or violations of the rules of the highway or traffic offence or contravention in any country, in all cases, to the extent permitted by law and not caused by Owner;

5. Rental Costs and other Charges; Additional Services
...
(ii) any amounts not paid by Renter in accordance with section 4(a)(viii);
(iii) an administration fee of up to £45 in the UK and up to €35 in Ireland for processing any fines or offences against the Vehicle, Owner, Renter, any Authorised Driver or any other person Renter permitted to use the Vehicle during the Rental Period, unless caused through Owner’s own fault;

LDast

So, do you consider a speculative invoice from an unregulated private parking company to be anything to do with a "fine" or "offence" or "penalty" or anything "illegal" or a "violation of the rules of the highway"?

"...for processing any fines or offences against the Vehicle, Owner, Renter, any Authorised Driver or any other person..." According to their own terms in the hire agreement, they can only charge an admin fee for processing the highlighted terms. A speculative invoice from an unregulated private parking company is neither a "fine" nor is allegedly breaching any terms on private land an "offence".

If you can find any of those words mentioned anywhere in the paperwork you've received from ECP, then I'll eat my hat and pay it for you. 

You should certainly dispute the admin fee and get your credit card company to chargeback the fee under dispute. Then cancel it!