Parking Charge Notice to Hirer ( from CUP enforcement )

Coupon-mad

Wait. Oh no.

The stupid hire firm has paid it.

They - the car hire firm - will now write expecting you to pay 

PCNonsense

Coupon-mad said:

Wait. Oh no.

The stupid hire firm has paid it.

They - the car hire firm - will now write expecting you to pay 

why would they pay without notifying me? especially when i got 2 out of 4 pcns cancelled. Does this mean i should cancel my direct debit with them?

Coupon-mad

PCNonsense said:

Coupon-mad said:

Further information will now be sought from the company from which you hired the vehicle.

Oh-oh! Alarm bells!

Warn the owner/hire company NOT TO PAY as you have appealed it.

A parking operator cannot revert to the company if that company transferred liability by giving your name and address. Did they do that already?

oh my, im not sure, im speaking to the owner to get this PCN cancelled pending confirmation but there is one more PCN that i never received and only have a Debt Collection notice for it.

Not sure what to do with that missing one.

They will have paid it because they got a scary letter ... just as I warned they would, above.

PCNonsense

Coupon-mad said:

PCNonsense said:

Coupon-mad said:

Further information will now be sought from the company from which you hired the vehicle.

Oh-oh! Alarm bells!

Warn the owner/hire company NOT TO PAY as you have appealed it.

A parking operator cannot revert to the company if that company transferred liability by giving your name and address. Did they do that already?

oh my, im not sure, im speaking to the owner to get this PCN cancelled pending confirmation but there is one more PCN that i never received and only have a Debt Collection notice for it.

Not sure what to do with that missing one.

They will have paid it because they got a scary letter ... just as I warned they would, above.

I will get it in writing from owner that he had agreed to waive charges, I was never allowed a complete appeals process since they put my appeal on hold, will speak to hire company ask them to recharge the private car parking firm since they shouldnt have charged for this in the first place. Sneaky Move. I dont see how they can force a payment when the Shop owner agreed to waive the PCNs

PCNonsense

Drafting up the letter below:

Subject: Formal Complaint and Request for Cancellation of PCN xxxx

Dear CUP Enforcement,

I am writing in response to your recent communication regarding PCN xxxx, which was issued at xxxx and subsequently placed on hold pending appeal.

I wish to raise a formal complaint regarding the handling of this matter, and request immediate cancellation of the PCN for the following reasons:

1. Appeal Process Breached I submitted an appeal identifying myself as the hirer of the vehicle, and you confirmed that the PCN was placed on hold pending review. Despite this, you proceeded to contact the registered keeper (the hire company) and obtained payment without notifying me or allowing the appeal process to conclude. This action directly undermines the integrity of the appeals process and breaches Section 22.7 of the BPA Code of Practice, which states that recovery action must be suspended while an appeal is under consideration.

2. Improper Reversion to Keeper Liability Having issued a Notice to Hirer (NTH) and received a response, you are not permitted to revert liability back to the keeper. The Protection of Freedoms Act 2012 (Schedule 4) does not allow for dual pursuit of liability. Your decision to bypass the hirer and seek payment from the keeper is procedurally improper and potentially unlawful.

3. Written Confirmation from the Landowner I have obtained written confirmation from the shop owner at the location where the PCN was issued. The owner has confirmed that they do not support the charge and are happy for it to be waived. This statement directly challenges the legitimacy of the PCN and should be taken as grounds for immediate cancellation.

In light of the above, I request the following:

• Immediate cancellation of the PCN

• Full refund of any payment obtained from the hire company

• Written confirmation that no further action will be taken

If this matter is not resolved promptly, I will escalate my complaint to POPLA and report your conduct to the British Parking Association for breach of their Code of Practice.

I look forward to your response within 14 days.

Coupon-mad

Yes that is good but check first with the idiots at the lease firm, who have definitely paid it just because they got another letter.

PCNonsense

Got this back from the Rental Company: 

Good afternoon

Thank you for your email 

Ref: xxxxx

Looking into this matter, we have received a Penalty Charge Notice/Notice to Owner relating to your rental with us - We have since processed the fine and have applied an administration fee of £35 for this fine received. This has been charged in line with the terms and conditions of the rental contract to which you have agreed when signing the agreement and taking possession of the hire vehicle.   

This has been deducted from the card provided at the time of rental with us.  

As stated in the customer letter, please be advised that the admin fee is not full or part payment of the fine.

 

Enterprise try and transfer the fines into the hirers name where possible. We passed your details to the issuing agency however they have rejected the request to transfer liability, therefore Enterprise were held responsible for payment of the fine. Unfortunately, we have no influence or jurisdiction over the issuing agency, the time frames they work to or the decisions they may make in regard to issued citations.  

 

This fine has been paid by Enterprise and the cost reclaimed from you as the hirer. This has, as advised above been charged in line with the terms and conditions of the signed hire agreement. 

 

In this case the reduced cost of the fine was £60 .This  is currently pending and will be deducted in due course from the card provided at the time of rental with us. 

 
Should you wish to appeal, you will still have the opportunity to do so, however please let us know so that a letter of authority can be issued to you providing our permission to liaise with the issuing authority whilst the fine remains in our name.  

 

I hope this clarifies this matter. 

Kind Regards,

Coupon-mad

I think the best thing you can do us complain to CUP that they illegally reverted to sending a demand to the keeper after you were named as hirer and were dealing with it.

Then complain to the BPA.

I'd also bounce the payment by reporting it to your bank as an unauthorised charge. Enterprise did NOT get a "Penalty Charge Notice/Notice to Owner" which just shows they haven't a clue.

1505grandad

As above  -  if the rental company is a member of the BVRLA:-

https://www.bvrla.co.uk/resource/shifting-liability-added-to-private-parking-code-of-practice.html

"Crucially, the BVRLA has successfully made sure that the Code includes the requirement for private parking companies to have a process for transferring liability for Parking Charge Notices for rental and leasing companies. The BVRLA will now be working with both organisations to shape that process."

Anyway the ppssCoP contains the following:-

https://www.britishparking.co.uk/write/Documents/AOS/Sector Code Templates/sectorsingleCodeofPracticeVersion1.1130225.pdf

"8.4.3  Parking operators must provide a process for rental and leasing companies to transfer liability"

kryten3000

CUP cannot “reject” a transfer of liability by the registered keeper. This is similar to cases where the driver is identified and the address provided is outside the UK. Whilst that might be inconvenient for the PPC, the keeper has discharged any liability.