Hire car debt collector

danieljnolan

Hello,

I rented a van to move house couple months ago, as well as to move a friend.

The friend lives on an estate whose parking is managed by CPM.

I took a punt on moving him in despite the 'scary' signs telling me I'd get a fine. We weren't away from the van for more than a few minutes at a time so hoped it'd count as loading.

I've just been back to my old house to collect some post and found a load of letters relating to it, including one from a debt collector (seems to be at the first stage with them).

Just wondering what I'm best advised to do now. I thought about trying CPM first to explain that I'd moved house and hadn't been 'ignoring' them as these letters imply.

Can they take the case back from the debt collector and possibly give me the lower rate to pay?

Assume no way out of it as I have been named as the driver by the hire company?

Thanks

Coupon-mad

What do you mean by "no way out if it?"

You won't be paying it. Just give UKCPM the correct address and tell them to erase the old address and to tell their dogs the same.

danieljnolan

Coupon-mad said:

What do you mean by "no way out if it?"

You won't be paying it. Just give UKCPM the correct address and tell them to erase the old address and to tell their dogs the same.

Thanks. Sorry if I'm being dense (is there an old post a lot like mine that I can reference).
Is the process:
- Contact CPM, tell them they were given the wrong address, to erase that and give them my new address 
- Then refuse to pay it on usual grounds that I wasn't the driver?
The trouble is, if I was the only authorised driver on the van hire..

Coupon-mad

You don't need to give 'grounds'. You aren't paying, end of story. And you aren't liable.

See the NEWBIES thread - bottom section of the first post - about hire/leased vehicles.

Certainly do not admit to driving! Just ignore them once you have ensured the old address is erased (rinse and repeat if you move house again).

danieljnolan

Coupon-mad said:

You don't need to give 'grounds'. You aren't paying, end of story. And you aren't liable.

See the NEWBIES thread - bottom section of the first post - about hire/leased vehicles.

Certainly do not admit to driving! Just ignore them once you have ensured the old address is erased (rinse and repeat if you move house again).

Thanks. I've had a read.
OK, so erase old address. Add new address. Wait until it gets to small claims level, if it does, then seek further advice?

Gr1pr

Correct 

And the signs never mentioned any fine, none of them do  !

QrizB

Gr1pr said:

Correct 

And the signs never mentioned any fine, none of them do  !

Might it be worth the OP going out to get a photo of the signs etc, just in case it becomes relevant some time in the next six years?

kryten3000

The hire company will have named you as the HIRER of the vehicle and should have provided CPM with a copy of the hire documents and waiver that you signed.  Most parking companies never send this information.

Without the hire documents being served with the Notice to Hirer, there can be no transfer of liability and you, the hirer, are not liable.  

Aside from this, loading and unloading is not parking and you can rely on the persuasive case of Jopson V Homeguard Services Limited where it was found that the driver was not parked in breach of the terms on display.

Finally, the signage is likely to be "forbidding" and not capable of forming any contract with the driver.