Enterprise car club, private parking penalty notice!

merevil

Hi, can anyone help with this one I seen another discussion, but there’s no ending to it?!
Hired a car with Enterprise car Club and sometime after received an email from them in regards to a parking notice from Euro car parks.

 (I didn’t manage to pay for parking as the app and online service kept bringing up an error message. I called the following day and was told I was unable to pay I would have to wait to see if I received a fine)
Enterprise car Club email me and explained that they had paid the fine and added a £30 handling charge I emailed them back and explained to them the above they told me I could appeal the charge in writing with the parking company. From what I’ve read, in previous discussion, this is not true.

I replied with-

This is an unfair contract term and breaches the Consumer Rights Act 2015 as it removes my rights as the motorist's to appeal.

I should remind you Enterprise car club are members of the trade association BVRLA that has told all it's members not to pay these charges, but to inform the hirer, and to pass the hirer's details to the parking company.

By failing to transfer liability to me, the hirer, you have admitted liability for your actions by conduct.

 If you try to unlawfully pass the charge to me, I will put the charge in dispute with my financial provider and will be complaining to the BVRLA, the landowner, and MP.

They replied with the following-

Please note that we are not the issuers of fines. We only pay fines as agreed in our Terms and Conditions.

Your letter of authority is in our letter that we have sent you, which will allow you to appeal the fine despite it being paid.

 Please appeal in writing and attach our letter to your appeal to the issuing agency.

 Enterprise is not the issuer of the fine neither do we have any influence or jurisdiction over the way in which the issuing agencies operate, the decisions the Issuing Agency may make regarding issued penalty notices or the timeframes they work to.

 If you wish to dispute this further, this must be raised with the issuing agency directly – Euro Car Parks LTD.

 We cannot put charges on hold pending an appeal outcome, however if your appeal is successful, please forward confirmation of cancellation and we’ll be happy to refund or waive the charges.

Any advice on how to moved forward with this one please. 

James_Poisson

They have told you a pack of absolute rubbish there is no "fine" "penalty" or "offence" it was a only speculative invoice.

There is no "issuing agency" it is just a scummy parking company that any old con man can start up (and frequently do).

Private parking is unregulated

If it has been paid that's it the parking company have got their money and won't accept any appeal or cancel anything the door is closed.

I cannot believe the garbage contained in that letter to you their staff haven't go a clue, but I am sure it's down to Enterprise being dim and lazy too.

You need to go through the actual terms of the contract and look at the specific wording, if it only talks about fines and does not mention anything about these speculative charges you should reply very forcefully, and take it further.

Point out that the "photo copy of the fine" does not mention "fine" anywhere, if someone sent them your car washing bill would they bay that?

You can then raise a dispute with the BVRLA when they inevitably fob you off again.

Car1980

How are they collecting the money?

You can always take all your money out of the account to bounce it 

sustainable9911

Did you take a screenshot of the app failing at the time?

I think without that evidence you may struggle to appeal

James_Poisson

sustainable9911 said:

Did you take a screenshot of the app failing at the time?

I think without that evidence you may struggle to appeal

There is no appeal though that has been taken away from the OP!

merevil

This is all I can find in there terms in regards to “Parking tickets”

“Parking tickets are your responsibility and must be paid for directly by you. If the ticket has to be processed by the club, an administration fee of £30 will be added (we are often charged more by our leasing companies - as they receive the tickets and forward to us).”

I have taken the money out of my account! So the transaction will not go through. 

I did take a screenshot but as we know it bears no relevance now.

Half_way

merevil said:

This is all I can find in there terms in regards to “Parking tickets”

“Parking tickets are your responsibility and must be paid for directly by you. If the ticket has to be processed by the club, an administration fee of £30 will be added (we are often charged more by our leasing companies - as they receive the tickets and forward to us).”

I have taken the money out of my account! So the transaction will not go through. 

I did take a screenshot but as we know it bears no relevance now.

Thanks for getting back in touch, too many people drop and go - post their problem, get offered some solutions then nothing.

 If you contact them about this then make sure that  under no circumstances  you refer to this as a fine or a penalty - when dealing with people who should know better ( ie hire/lease companies) if you back up their own misconceptions then it can make it harder to deal with.

You said you have taken your money out of your account, how is that account topped up?

Have they sent anything else?

Wait and see what happens and post here

a few issues s to consider, you can state that you are confused by their reply and ask them what authority issued the fine, as Euro car parks are not an authority, and Euro car parks can not issue fines or penalties, they are nothing more than an un regulated parking company.

 If Enterprise have paid the un-regulated parking company known as Euro car parks, you will not be held liable for Enterprise's incompetence, further more if they have paid this then they will not be able to pass a charge from an unregulated parking company onto you without breaching the consumer rights act.

daveyjp

Ask them for the terms and conditions where 'PCN' is defined. 

Coupon-mad

Taking money out of an account doesn't mean the payment will bounce unless it's a Monzo card or similar. With a normal bank account, many banks will happily let it be paid and plunge you into overdraft.

Instead, you should be telling the bank to refuse the debit because it is unauthorised. This isn't a fine.

merevil

The latest. I sent the following- 

Afternoon 

I am confused by your reply, unclear about your reference to a “fine”, what authority issued this “fine”? Euro car park is a private parking company and does not have the authority to issue fines or penalties. They sent a notice which is a private matter and not a statutory penalty.

Euro car park are not an authority, they cannot issue “fines” or “penalties” they are a private parking company. Nowhere in the photo copy of the letter that you sent me from Euro car park does it mention a “fine” or “penalty” because it isn’t it’s a notice, you have paid and now they will not accept any appeal under no circumstances. I will not be held liable. 

Any attempt to pass the private parking company’s charge onto me is unlawful and breaches the Consumer Rights Act 2015.

Please confirm that no attempt will be made to hold me responsible for this matter.

Their reply-

Enterprise Car Club are required by law as the registered keeper of the car, to pass on driver details to the relevant authorities.

 

Any offences committed are the driver’s responsibility and not the Club’s. An administration fee of £30 will be chargeable on all tickets processed by us. 

 

Euro Car have issued a parking charge notice and have the authority to issue parking charge notices for breaches of parking terms on the land that they manage.

 

If you disagree with the charge, you can raise an appeal with them directly as advised in my previous email.

 

As a reminder, your acceptance to our terms and conditions allows Enterprise Car Club full authorisation to process any applicable charges in respect of administration fees for PCNs incurred relating to your reservation, or for moving infraction notices that arise as a result of your reservation. -https://www.enterprisecarclub.co.uk/gb/en/about/membership-policies-other-charges.html

 

You remain liable for the PCN incurred and the administration charged applied in line with the agreed terms and conditions.

 

I hope this clarifies the matter.

merevil

The bank said they wouldn’t pay it, but I’ve put my card on freeze also just in case!