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Just posted this as a reply in Template Letters, but figured its important point to note
Just a point on the issue of vehicles not registered to you ie hired, loaned etc.
I've just received a pcn via Citroen Contract Motoring sent by Total Parking Solutions.
Apart from being unenforceable in law as has been stated and I agree, I actually took my own photographic evidence at the time just in case I received a PCN.
My point here is not the PCN which we know is dross, but the hire company. It is really important here that you get the hire company to direct all PCN matter to you as hirer ie (the third party) and that the Private parking company agree to correspond with you direct.
Usually its a contractural comittment on you as the hirer and effectively for the purposes of contract, to agree to pay all fines incurred.
From my perspective as an employer this I have no problem with, even though I might not be driving that vehicle.
The problem arises if the Private Parking company will not correspond with you as hirer but rather only with the Hire company. In these circumstances, if pushed, they simply pay the fine and pass it on to you usually with a handling charge.
Once paid, you have no appeal against the PPC as more than likely the hire company did't pay without predudice and reserve rights.
You are then left arguing with the hire company who refer you to the contract terms and the PPC gets its money and isn't bothered.
I recently had such a discussion with Citroen, who I have say were great. They appreciated my point, telephoned the PPC and asked them to deal direct with me to which they agreed.
This was after I had already sent the PPC an authorising letter from Citroen, a nice polite letter from ourselves, photos showing our vehicle on private property over which, belive me they no duristiction, and a job sheet with witness and time stamp.
The moral here.... get PPC to deal with you as the hirer, as hire companies won't stand up to these parasites, they just capitulate, pay up, and charge you for the privilege of not being the registered keeper.
It all hinges on the hirer's T&C's. You can be bound by agreeing to pay fines ie. council pcn's, but since a private company cannot issue fines, you can't be bound to pay them.
If the hire agreement says you agree to pay 'charges' or whatever to get around this, then you'd be looking at unfair contract terms.
On the upside, yes you're out of pocket if the hirer charges £80+£35 admin fee, but I'd much rather be taking a hire co to small claims for £115+costs than a PPC.
It all hinges on the hirer's T&C's. You can be bound by agreeing to pay fines ie. council pcn's, but since a private company cannot issue fines, you can't be bound to pay them.
If the hire agreement says you agree to pay 'charges' or whatever to get around this, then you'd be looking at unfair contract terms.
On the upside, yes you're out of pocket if the hirer charges £80+£35 admin fee, but I'd much rather be taking a hire co to small claims for £115+costs than a PPC.
Contentious one with regards 'Charges'. This could rightly cover legitimate charges, tolls etc. Bottom line, the hire company don't want to fight your battles which is why they insert the clause. Imagine how many fines are received by them on a daily basis.?
No, I'am cool fighting my own battles, just so long as I have level playing field. An as regards court, does anyone have any figures as to how many of these parasites have defended an action sucessfully, none I suspect, but I take your point.
Hire/Lease companies and registered owners
via Citroen Contract Motoring sent by Total Parking Solutions.
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Originally Posted by Al27
