Enterprise car club, private parking penalty notice!

Coupon-mad

Reply again and call Enterprise out about calling it an 'offence' and for lying to you that it can be appealed after they chose to pay it. A parking invoice can't be appealed after it has been paid, so Enterprise's mistake has removed the hirer's legal rights. This is plainly wrong.

Tell them the debit will be refused by your bank because it is unauthorised and Enterprise had no business to pay a parking invoice when they should have simply transferred liability

merevil

Thanks Coupon-mad, I’ve only just noticed your latest response, I have emailed them back already. They keep mentioning their terms and conditions, which simply says “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)” Does this bear any weight? 

Coupon-mad

No. Reply using my words.

merevil

Update / no  -

Thank you for your email.

As previously advised, there is nothing we can do if the issuing agency will not permit you to appeal the PCN, you are required to liaise with them directly, this is decided at their own discretion.

we recommend the member is to appeal to the issuing agency directly for cancellation.

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

Please appeal via post and attach our letter to your appeal to the issuing agency. Kindly emphasize your letter of authority as the vehicle is a rental.

 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.

 Please note that if payment is not successful and not made within 30 days from the date the PCN was emailed to you, the charges will be passed to a debt collecting agency, in line with the terms and conditions which you accepted. - https://www.enterprisecarclub.co.uk/gb/en/about/membership-policies-other-charges.html

Should I now escalate to the BVRLA 

Gr1pr

Yes, is the simple answer, especially if they are BVRLA members yet failed to follow the BVRLA  Memorandum of Understanding 

merevil

I’m waiting for the BVRLA to get back to me they have confirmed they will look in to it, but today I realised ECC have been able to take the money from my account, unfortunately I left the lock off my bank account thinking they had stopped trying as it had been a while since they last attempted to. So now I’ll have to wait for the payment to clear and report it with the bank and see what they say. A little frustrated with myself! 

Car1980

Just because something is in their T&Cs it doesn't mean it's legally enforceable and/or fair under the CRA 2015.

A company can put "no refunds, even if the product is faulty" in the T&Cs that you have to tick when ordering. They can scream "you agreed to the terms" until they're blue in the face but it doesn't override your statutory rights.