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Smart Park PCN - non UK
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JSY
Posts: 14 Forumite
Hi All
Apologies if this is covered elsewhere but I have not had chance to read all the threads to find what I was looking for.
I am a non-UK resident (channel Islands) and have recently travelled to the UK where I collected a Hire Car for two days to get me out and about.
I went out for a family meal to a F&B's for food and used their car park, which was the same car park for a KFC - was on a retail park.
The car park was a 2 hour parking limit, which in all honesty I did not notice on arrival or departure.
with my total stay being clocked at 2h 13m 9s.
Having returned home I received in the post a letter from my hire company that a PCN had been issued, along with a copy of the PCN (in the hire companies name) for the car which I hired and that they had passed my details on to Smart Park accordingly.
The Hire company have also presented me with an invoice for the admin fee, but that's another story and I will challenge that accordingly.
As yet I have not received a letter direct from the Parking company with my details on it, confirming I have to pay the PCN and do not plan to pay anything prior to this or even on receipt.
My questions are:
1) With me being a non UK resident will I still receive a PCN in the post?
2) Being a non UK resident can they still enforce a PCN on me?
3) Is it right that the Hire company can give out my details out like this without me being asked prior?
4) Can I still appeal having gone over any grace period, if it goes that far?
Many thanks in advance for your help.
Apologies if this is covered elsewhere but I have not had chance to read all the threads to find what I was looking for.
I am a non-UK resident (channel Islands) and have recently travelled to the UK where I collected a Hire Car for two days to get me out and about.
I went out for a family meal to a F&B's for food and used their car park, which was the same car park for a KFC - was on a retail park.
The car park was a 2 hour parking limit, which in all honesty I did not notice on arrival or departure.
with my total stay being clocked at 2h 13m 9s.
Having returned home I received in the post a letter from my hire company that a PCN had been issued, along with a copy of the PCN (in the hire companies name) for the car which I hired and that they had passed my details on to Smart Park accordingly.
The Hire company have also presented me with an invoice for the admin fee, but that's another story and I will challenge that accordingly.
As yet I have not received a letter direct from the Parking company with my details on it, confirming I have to pay the PCN and do not plan to pay anything prior to this or even on receipt.
My questions are:
1) With me being a non UK resident will I still receive a PCN in the post?
2) Being a non UK resident can they still enforce a PCN on me?
3) Is it right that the Hire company can give out my details out like this without me being asked prior?
4) Can I still appeal having gone over any grace period, if it goes that far?
Many thanks in advance for your help.
0
Comments
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can anyone offer any advice on the above please??0
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Smart are very unlikely to go to court - the only place that can make you pay.
Your main issue will be with the Admin fee and getting it back. You should exhaust the hire company's appeal system then go to the hire industry's ADR to get the money back0 -
There is grace period for in and out which is more
than 13 mins anyway.
Hire companies will give out details but does that matter,
The Channel Islands fall into two separate self-governing bailiwicks, the Bailiwick of Guernsey and the Bailiwick of Jersey. Both are British Crown dependencies, and neither is part of the United Kingdom.
Assume the other small islands are the same.
If you do hear from them, reply with a address in the CI
Little or nothing they can do
Make sure you speak to the hire company
as they may pay the amount and charge it your card
You need to act on this today and advise the hire company
to tell the PPC to write to your direct thereby dismissing
any claim against the hire company0 -
Your priority is to make sure the hire Co do not pay the PCN on your behalf. When you complain about the disgusting admin fee, tell them in no uncertain terms that you are dealing with it and they must not pay the PCN as it is not a fine or penalty and is therefore outwith the hire Ts and Cs.
Then, wait to see if you get a NTH. Come back here if that happens.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
Hi
Many thanks for the advice.
I have already called them and challenged the 'admin fee' with the hire company and told them I would not pay this as it took them 11 days to notify me of the charge, they date stamped the letter they received. And also that I would challenge the PCN should it reach me.
I will write to the hire company to confirm my discussions and my request to cancel the fee.
should I be asking on what basis they have given my details or a copy of the details sent?
or is that just pulling the tigers tail a bit too much?
Not received anything addressed to me directly yet so will wait and see if Smart Parking come chasing me.
thanks again0 -
As far as challenging the hire company fee, you need to be crystal clear with them. Forget how long they took to notify you, that's irrelevant and not a good argument. It all comes down to the terms and conditions in the rental. Go and find what you signed, and then look at them very carefully. Often they'll talk about "fines" and "penalties", and their charges for handling such things. What they were sent by the parking company was neither. They will refuse to accept this, but it has to be the basis of your challenge. The Ts &Cs may have a get-out (for them) allowing them to impose their admin fees for other things, such as what they have received, in which case you have an uphill battle.
Regarding the parking charge itself, if you have a copy, then it may well be worth contacting the PPC directly (post or email) in order to deflect them away from the hire company. Simply challenge it on the usual grounds, but ensure you make clear what your address is for all future correspondence. They cannot take you to court.0 -
So even though the copy of the PCN is not in my name you think I should contact them?
Surely for them to chase me for payment they have to present me with the PCN directly, addressed to me don't they?
Sorry for all the questions0 -
It hooks it away from the ignorant hire company. The scammers could go after the registered keeper if they got no response from the hirer.I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0
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Thanks again for all your help, it is appreciated.
Hire company have been contacted and the Parking company (scammers) are next.
Any recommendations on a template to use to advise them to contact me (hirer) directly going forward?0 -
Thanks again for all your help, it is appreciated.
Hire company have been contacted and the Parking company (scammers) are next.
Any recommendations on a template to use to advise them to contact me (hirer) directly going forward?
In the NEWBIES FAQ sticky, post #1 there's a bespoke 'hirer' initial appeal template written by Edna Basher. Make sure you do not identify who the driver was. Your role in this is as the vehicle's keeper (for the period of hire) and hirer.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0
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