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Parking charge and admin fee from hire company

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  • anxiouscharlie
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    I think the hirer and the driver of the vehicle are surely the same thing? Otherwise you are breaking the terms of your rental agreement. There is no one else that could have been driving that van.
  • waamo
    waamo Posts: 10,298 Forumite
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    edited 8 July 2019 at 10:34PM
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    I think the hirer and the driver of the vehicle are surely the same thing? Otherwise you are breaking the terms of your rental agreement. There is no one else that could have been driving that van.

    The ppc cannot see the rental agreement. Most rental agreements allow multiple drivers. I hire vehicles several times a year and have multiple drivers on every time.

    Let's play a quiz. Last vehicle I hired had 4 drivers named on the rental agreement. Who was driving it on day 2 of the 7 day hire period? I can show you a photo of them even. Who was it?
  • anxiouscharlie
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    This is the exact wording -

    We have issued Parking Charge Notice xxxx to a vehicle you have been named as hiring because it was parked in a manner whereby the driver became liable for a parking charge at xxx that we are authorised to manage on xxx.

    The terms and conditions of parking on this private land are clearly set out on the signage installed in the car park. By parking within this car park you are bound to these terms and conditions and are liable to pay a charge if you breach these terms and conditions. The period of parking to which this notice relates is the period that immediately preceded the time and date above.

    A discounted charge of £60 applies if this Parking Charge Notice is paid within 14 days of issue. If you choose not to pay this amount, the full value of £100 will be due.

    We have received your details following a transfer of liability naming you as the hirer of the vehicle at the time of the contravention. The reason we issued the PCN to the vehicle is as follows: No Stopping or Waiting (CCTV).
  • waamo
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
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    This is the exact wording -

    We have issued Parking Charge Notice xxxx to a vehicle you have been named as hiring because it was parked in a manner whereby the driver became liable for a parking charge at xxx that we are authorised to manage on xxx.

    The terms and conditions of parking on this private land are clearly set out on the signage installed in the car park. By parking within this car park you are bound to these terms and conditions and are liable to pay a charge if you breach these terms and conditions. The period of parking to which this notice relates is the period that immediately preceded the time and date above.

    A discounted charge of £60 applies if this Parking Charge Notice is paid within 14 days of issue. If you choose not to pay this amount, the full value of £100 will be due.

    We have received your details following a transfer of liability naming you as the hirer of the vehicle at the time of the contravention. The reason we issued the PCN to the vehicle is as follows: No Stopping or Waiting (CCTV).

    Ok they know who hired the vehicle. We know that. Is there a question in there?
  • anxiouscharlie
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    My rental agreement only had one driver named on it. I am slightly concerned going down this route will result in a failed appeal and enhanced charges. I don't want to go to court. I will contact my MP while looking at the advice already given on here and forming an appeal.
  • waamo
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
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    My rental agreement only had one driver named on it. I am slightly concerned going down this route will result in a failed appeal and enhanced charges. I don't want to go to court. I will contact my MP while looking at the advice already given on here and forming an appeal.

    Given it's unlawful for the hire company to disclose the hire agreement with the ppc how are they going to know if there was one driver named or one hundred?

    Not only that how do they know an authorised person such as a mechanic wasn't driving it?

    You seem to think they have an operation MI5 would be envious of.
  • anxiouscharlie
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    I'm compiling my "refusal to pay" letter using the sticky thread, however, I'm now confused as to whether to reply online or via post. The online service says if you have pictures etc to upload then send via post, but the sticky thread says to reply online so they don't have an excuse to say they didn't receive your letter.

    Also on the sticky post it refers to there being a question if this is a notice to registered keeper and that CPM only has a certain number of days to contact me AFTER receiving my details from the hire firm? The alleged infringement was about 6 weeks ago, and I know my details were passed to them by the hire firm over a month ago...so is there a time limit for them to issue this notice to me?
  • Redx
    Redx Posts: 38,084 Forumite
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    do both ; online and post if you wish, its your choice to make, not ours

    any letter sent should also be done with a free certificate of posting from the P O Counter

    yes there is a timeframe, its listed in the hire vehicle section of POFA , please read it (also read all posts by member edna basher on here as well, plenty of good info and explanations about this by him)
  • anxiouscharlie
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    It says they have 21 days to send me details along with my PCN, but I received nothing until roughly 24 days (well, the PCN was dated 3 July but I actually didn't receive it until the 9 July!) after the car hire company had invoiced me for the admin fee. I guess I have no way of knowing when the car hire company passed over my details?
  • Redx
    Redx Posts: 38,084 Forumite
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    assume the parking company failed POFA because I doubt that they included the hire docs with the NTH that you received from the parking company themselves, chances are that they failed the timescale and the POFA requirements, so you would be making them prove their case, its for them to prove it, especially if you dispute it as Hirer
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