Smart Parking fine through hire car

arkidgosu

I’ve had an email from enterprise saying the following:

Dear Customer,

We were recently notified about a traffic violation notice for a vehicle rented to you at the time of the offence. As per our

rental agreement, we are notifying you of your liability.

As the owners of the vehicle, we are required to provide the hirer details to the relevant issuing authority who will in turn re-

issue the fine to you. Once you have received this you will be able to respond, pay or appeal directly to the authority. Please

note that if the reduced amount of the fine is applicable, you will still have the opportunity to pay this when the fine is reissued

to you.

In the case of speeding offences, once the fine is reissued, you will need to respond to the Police directly using the form they

provide. As a reminder, your signature on the rental contract gives Enterprise full authorisation to process any applicable

charges for associated administration fees.

We will attempt to charge the card used for the vehicle hire. Note: The administration fee is NOT part or full payment of the

fine. You will need to pay the fine separately. Details of the offence and your rental agreement are listed below.

they have charged me £35 admin fee and I’m waiting to receive the parking charge notice. It’s from Manchester airport pub, and it’s a smart parking fine. I’ve heard you can get out of this if you don’t mention your name whatsoever, but with it being through enterprise, I’m sure they’ll have passed my details to them. I can’t chargeback the enterprise charge as it’s went onto my corporate card.

could I please get some advice on getting out of this?

Gr1pr

Study the advice by Edna Basher at the bottom of the first post in the newbies sticky thread in announcements near the top of the forum by coupon mad

WWait for the NtH to arrive in the post with your name and address on it

Coupon-mad

As above.

Obviously you'll never pay it, as long as you hook it well away from Enterprise.

In fact, if it were me, I'd admit to driving when you appeal against the PCN (only once it arrives in your name, which it will, if Enterprise don't hold an old address for you).

I'd do that because there's no advantage in not saying who was driving (what you read is well out of date). No appeal works but nobody cares about that; the pressing issue is to make sure they know who was driving so they have no dodgy excuse to write to Enterprise again.

arkidgosu

https://forums.moneysavingexpert.com/discussion/comment/82061918#Comment_82061918

Can I not appeal now using their online appeal?

Also, would something like this be ok?

Dear Smart Parking Limited,

RE: Parking Charge Notice [Insert PCN Reference Number]
Vehicle Registration: [Insert Car Reg Number]

I am appealing this Parking Charge Notice as the driver of the vehicle at the time of the alleged contravention.

I deny any liability to your company on the following grounds:

1. Lack of Landowner Authority: You do not own the land in question. I require you to provide strict proof that you have a contemporaneous, signed contract with the actual landowner that specifically authorizes you to issue legal proceedings and pursue parking charges in your own name.
2. Inadequate and Non-Compliant Signage: The signage at this location is sparse, poorly positioned, and illegible. The terms are not prominently displayed and fail to meet the strict requirements of the BPA (British Parking Association) Code of Practice. No contract was entered into, and no "meeting of minds" occurred.
3. Failure to Provide Correct Grace Periods: You have failed to allow a mandatory and reasonable grace period for the driver to enter the site, read the signs, decide whether to accept the terms, and subsequently leave the site, as required by the BPA Code of Practice.

If you refuse this appeal, you must provide me with a 10-digit POPLA verification code so that I may escalate this matter to the independent appeals service.

Yours faithfully,

Gr1pr

Smart Parking don't participate in Popla , IPC AOS member, IPC Code of Practice, not a BPA AOS member

The NTK PCN letter is not in your own name

Enterprise have named you as hirer, because your name is on the hire agreement

arkidgosu

https://forums.moneysavingexpert.com/discussion/comment/82062021#Comment_82062021

Ah of course, I understand.

I'm struggling to figure out which template I should use in this case. I did park at this pub and ate a meal. I’m going to call tomorrow and request it to be cancelled, but failing that, could you possibly point me to which template would be best?

Apologies - I’m sure you get this a lot and are constantly pointing people to the newbies thread, this has just came at a time where I’ve got a lot going on and stress levels are high. I’m struggling to make sense of all the info to figure out what I should say in my case. If I could get some help it’d be massively appreciated.

oldernonethewiser

As it isn't a traffic violation nor a fine make sure you get your £35 back from Enterprise too once the charge is cancelled.

Gr1pr

Ideally you use plan A in the 1st post in the newbies sticky thread in announcements near the top of the forum and complain about the pcn to the Airport pub, or the Brewery ( Robinsons. ? ) and get it cancelled as a genuine paying customer ( its always been a bad location for pcns. ) presumably the driver didn't register the car at the bar or reception, or didn't pay, or overstayed or similar

In your own case, as a Hirer, you wait for Smart Parking to send you a Notice to Hirer to your letterbox, with your name and address on it

As I mentioned earlier, because its a hire vehicle from Enterprise, you would appeal the NtH as hirer by using an Edna Basher template, BUT not mentioning the BPA or Popla, but the IPC and IAS

Or

Follow the advice by Coupon Mad above, which is mainly to do with recent changes, the private parking company, and protecting Enterprise themselves

Its probably looking more complicated because its a hire car, not a private vehicle registered by you with the dvla, but thats always been the case with hire cases, plus Smart Parking jumped ship last year

arkidgosu

https://forums.moneysavingexpert.com/discussion/comment/82062201#Comment_82062201

thanks!

I’ve contacted the airport pub today, and they seem to be being helpful at this stage.

They said if it’s your first time, send the details of the PCN and your reg, and management will speak to smart parking on your behalf. I’m waiting to receive the NtH, and then I’ll send it to the management and I’ll update here with that happens from there.

Gr1pr

That certainly sounds promising, especially if you were a valid customer, especially if you can prove patronage as in a receipt or banking statement etc

It may also help if you knew how the driver incurred the pcn ( such as not registering the VRM details at the bar or reception. )

arkidgosu

https://forums.moneysavingexpert.com/discussion/comment/82062609#Comment_82062609

I’ve had an email from the pub manager asking for the SP number from the parking charge notice so he can get it cancelled. Now I just need to wait to actually receive the redirected charge from Enterprise.

Turned out to be a very easy fix - and before I’ve even received the charge notice to my address. Thanks!