Rental agency paid fine, can no longer appeal PCN — recovering money through small claims court?

sun_shine_ray

I rented a vehicle on a holiday and received a PCN in respect of a car park that I paid for. I just made a keying error when entering the vehicle registration number. I have retained the pay and display slip and can show the debenture on my bank statement.

The rental agency paid the PCN, purportedly in accordance with their terms and conditions, and now the car park operator won't permit me to lodge appeal because the PCN has been paid. The car park operator effectively refuses to engage with me at all now, which is not surprising given the advice on this forum (and many other places) seems to be "DON'T PAY IF YOU WANT TO APPEAL". The rental agency invoiced me for both the PCN (£60) and an administration fee (£45).

I have been trying to take this up with the rental agency as an unfair contract term but they unsurprisingly won't budge. I haven't paid so they will need to come after me.

While I intend to hold firm with the rental agency, I am wondering whether I can bring the car park operator to the table by serving a letter of demand on them and then take them to the small claims court if they don't respond or engage? This dispute is a headache and I want to see if I can bring it to a head.

My only questions are:

1. whether the car park operator could contend that the payment of the PCN amounts to an agreement to settle the dispute, and if so, how I would have the settlement set aside? If it's the case that there is a settlement that needs to be set aside, it's going to be too much trouble to have the "settlement" set aside and I'd rather just have the rental agency make a move.

2. what is my standing to bring a claim given that the PCN was issued to the rental agency? It was presumably me who entered into a contract with the car park owner when I entered the car park, but the PCN was issued to the rental agency who paid it. The rental agency gave me a "third party authorisation letter" to deal with the PCN against the car park operator. Is that a sufficient basis?

Thanks for your help.

h2g2

1. They can and will take that view. They've got their money and the case is closed. You haven't paid them anything so you don't personally have any standing to get the money back from them.

2. Given 1., it's not relevant.

My questions at this point:

1. Which rental agency? (It helps if they are a member of BVLRA.)
2. Do you have the T&Cs of the rental? Unless the T&Cs say they will pay parking charges sent to them and recharge you, they can't do this. Often they try to claim a clause saying they will pay *fines* is sufficient, so make sure it specifies parking charges.

If you don't fancy doing their work for them you would be well advised to respond to the invoice saying you didn't think you had agreed to handle parking charge notices in this way and which terms of the T&Cs they are relying on to forward this charge to you.

sun_shine_ray

Thanks! So to clarify, I don't have standing because I have suffered no loss, in effect?

I just re-read the "third party authorisation letter" and it's really actually just a "third party representation letter". It just says:

Please accept this letter as confirmation that Europcar UK authorise you to communicate directly with the nominated person detailed below in relation to the Penalty Charge Notice they have received

So it does not even purport to assign any legal rights. Just that I am authorised to "communicate".

The rental agency is Europcar and they are a member of BVLRA. I have read past posts regarding BVLRA statements on transfer of liability and I have mentioned that in my correspondence with Europcar, but they just disregarded it.

I do have the T&Cs. It specifies that Europcar has an "absolute discretion" to decide whether or not to pay:

9.3.1.3. If we receive a penalty charge notice or a parking charge notice that is issued by any issuing body for the Vehicle during your Hire Period and which is capable of being paid then we may pay it. Our reasons for doing so include, but are not limited to, mitigating the cost and because we do not have the correct paperwork to transfer liability. We retain absolute discretion as to whether to pay such charges. If we elect to do so, you will reimburse us the said charge plus our Third Party Administration Charge (for each charge we pay or each time we deal with such correspondence)...

Clause 9.3.1.2 states:

You are responsible for and will pay all charges arising from:
9.3.1.2.1. entering any congestion zones, also known as clean air zones or ultra low emission zones, including any failure to pay such charges;
9.3.1.2.2. parking charges, including any failure to pay them;
9.3.1.2.3. a breach of any parking restrictions or a road traffic offences or any other offence or infringement involving the Vehicle, such as (but not limited to) lane infringement, tunnel, turning and bus lane charges, including the costs from the Vehicle being clamped, seized or towed away and any other charges/costs (including any failure to pay them) levied by an issuing body.

So I believe "parking charges" are covered by the T&Cs.

My position is that it's an unfair contract term because it permits Europcar to act unilaterally and with total disregard for my legitimate interest in appealing a PCN (being a right conferred through the PCN itself). Effectively I am trapped with an invoice from Europcar with no recourse to challenge the underlying allegation because Europcar decided to pay the invoice (without consulting me). WTH.

Half_way

private parking companys are um regulated, any clause that they will pay un regulated third party's could fall foul of the consumer rights act.
A private parking company can not issue fines or penalty's and its important not to call then that

Fruitcake

This statement is a lie, "because we do not have the correct paperwork to transfer liability."

The NTK includes a tear off liability transfer slip. All they need to do is fill it in and send it to the PPC, giving the details of the hirer/lessee. Once they have done that, they are no longer liable.

By paying the charge themselves they have admitted liability by conduct, and removed the hirer's right to appeal which means the hire agreement is an unfair contract and breaches the Consumer Rights Act 2015. It is also against the BVRLA's instructions to its members.

Your beef is with Europcar, not the PPC. You can put the charge into dispute with your financial provider if it has already been taken, or instruct your financial provider not to pay it if they are billed. In both cases, you should tell Europcar what you have done, and why, and warn them that if the charge is not refunded or cancelled, you reserve the right to instigate a claim in the small claims court.

Note that adding an admin charge for dealing with a PCN is permitted, as long as it is reasonable and included in the hire agreement.

sun_shine_ray

Thanks everyone. Apologies for any confusion, but to be clear I haven't paid the invoice from Europcar. I cancelled my debit card so that they can't debit my account. I have explained this to Europcar and articulated my reasons for doing so (namely, that it's an unfair contract term). I also add for completeness the car park operator is a member of the IPC (not that it seems to mean much).

The process is annoying to deal with and I was really just wondering if there's anything I could do to either bring the car park operator to the table or make Europcar go away. It seems like there is no way for me to do this, so I will just need to wait until Europcar decides what they want to do over a 105 quid invoice.

1505grandad

Which ppc is involved?

sun_shine_ray

Armtrac Security (KBT Cornwall Ltd).

Coupon-mad

sun_shine_ray said:

Thanks everyone. Apologies for any confusion, but to be clear I haven't paid the invoice from Europcar. I cancelled my debit card so that they can't debit my account. I have explained this to Europcar and articulated my reasons for doing so (namely, that it's an unfair contract term). I also add for completeness the car park operator is a member of the IPC (not that it seems to mean much).

The process is annoying to deal with and I was really just wondering if there's anything I could do to either bring the car park operator to the table or make Europcar go away. It seems like there is no way for me to do this, so I will just need to wait until Europcar decides what they want to do over a 105 quid invoice.

Good. Please read the other recent EuropCar thread (from the other week) and stand firm.  The other thread may have good arguments to use when they reply.

sun_shine_ray

Update for anyone in a similar position in the future — Europcar agreed to cancel the invoice.

I provided some further information in a related thread (https://forums.moneysavingexpert.com/discussion/6583126/disputing-an-already-paid-parking-charge-notice-i-received-in-a-hire-car/). Europcar did not explain why they decided to cancel the invoice.

In any event, I am pleased with the outcome. Thank you to everyone who provided advice in this thread and the related thread!

Coupon-mad

Great news!

The more people complain the more likely that fleets won't just pay these scam invoices in future & with simply transfer liability.