Parking ticket on a disabled hire car

[fedup74]

Hi all will try to keep this short:oops:

My dad has a heart condition and so has a blue badge. He had an appt at the hospital and there were no disabled spaces so he parked on double yellows, half on the kerb, so he didn't miss his appt.

 

His own mobility car was off the road so he had a hire car. I told him to ignore the ticket as it was from a private company. He has received a letter today from the hire company saying basically he owes them £32 for giving his details to the parking co- apparently it is in their terms and conditions if someone commits a "Traffic violation" they charge an admin fee:|

 

Where does he go from here? There was also a letter from a solicitor (begins with Tre!!!) which states in bold

"As a matter of principle, our client always enforces their parking regulation by the issue of legal proceedings"

 

My dad is really worried now- I don't think his heart will take an appearance in the dock!!!

Any advice is greatly appreciated

[honeybee13]

Hello there. Is the lawyers' name something like Trevethans? That rings a bell from the forums.

 

I'm sure the guys will be along when they can with advice.

 

My best, HB

[sailor sam]

Most car hire firms have this 'admin' charge included in their t & c's now. They ususally apply though to official PCNs/speeding tickets. This is merely an invoice and I would contact the hire co to ask for the charge to be re-funded which will ensure further business with them.

 

Now to the parking 'ticket' itself. Basically as I say, your father has been issued with an invoice which can only be aimed at the person who actually parked the car. Unfortunately on this occasion, the hire co have supplied the PPC with the evvidence they need to indentify the driver so they clear the firts hurdle in bringing a case against your father. The second hurdle though is to convince a court that the charge isn't a penalty of fine. A private company cannot issue these as they have no legal authority to do so. Their only option will be to claim losses or damages they have incurred from your father parking there. That would depend on what tariff they have and i'm guessing that their 'charge' is disproportionate to those so it follows that I don't believe they will commence any court case against your father because i'm pretty sure that they would find it difficult to explain away that their claim isn't for a 'penalty'. The judge would have no choice but to dismiss the claim if he suspected that was the case.

 

To conclude, ignore any further correspondence from them and wait to see if an actual stamped court document arrives through the post. Request that the hire co refunds the admin charge on the basis that it wasnt an actual official parking authority they were dealing with but merely a private company without any legal standing.

[crem]

He has received a letter today from the hire company saying basically he owes them £32 for giving his details to the parking co- apparently it is in their terms and conditions if someone commits a "Traffic violation" they charge an admin fee:

 

 

Are you saying the hire company have only sent an invoice asking your dad to pay their "admin" fee? If so, he should write back to them telling them he is sorry they are not getting paid but as it is their fault they fell for a stupid PPC charge which has nothing to do with "traffic violations" then it's tuff titty.

[fedup74]

Thanks everyone:-)

The hire company have got his card details and are going to take the money out- the only thing I can think of is to cancel the card but this would be really inconvenient for him.

He is really worried about the letter off the solicitor and the bold statement at the bottom of their letter stating they always issue legal proceedings.

I will phone the hire co tomorrow and explain it is an invoice and he cannot afford £32 out of his DLA!!

Will let you know how I get on. Thanks again

[crem]

Thanks everyone:-)

The hire company have got his card details and are going to take the money out- the only thing I can think of is to cancel the card but this would be really inconvenient for him.

 

I'd cancel the card by saying I have lost it. The card companies are pretty good at getting new cards with a new number out to you following a "lost card" incident

[esmerobbo]

Don't worry too much about threats from Trethowans. They have just been to court twice on NHS invoices and been slapped down. It may be awhile before they try again.

 

Was the car hire arranged through motorbility? If it was phone them and ask them to have a word with the hire company. If they get a lot of business off motorbility it may sway them!

 

I notice your in Liverpool, and your Dad has a heart condition was this Broadgreen?

[fedup74]

Hi esmerobbo:-) it was Faz- he was under broadgreen when first diagnosed. I actually work at Broadgreen and have been shafted by Vinci before I knew about these rip-off merchants!!

[esmerobbo]

Well it was actually Aintree Hospital [faz] were Trethowans lost the case in Liverpool county court last week. So I don't think they will be rushing back.

I actually think they shoot themselves in the foot with the double yellow lines. Being in the Hospital they have no meaning anyway. However anyone with a BB can park on double yellow lines, as long as there are no other regulations. So it could be argued that the yellow lines are confusing.

 

I have an appointment in Broadgreen later, unfortunately I will have to add to Vincis coffers to park there. Trying to get a BB space by the Alexandra wing is near impossible.

[fedup74]

Just to update- dad received a letter form Trethowans to say that the hire co had refused to give his details to them until it had been taken to court- Trethowans won judgement:shock: so unless he had a valid reason his name would be added to judgement------- Yeah right!!

I sent a letter basically saying he had no opportunity to defend himself- the parking attendant had actually told him to park on the kerb so he didn't interrupt traffic and this would be a very lucrative business (if not illegal!). I asked them to send a copy of the judgement and told them I would be reporting them to everybody!!!!

Can they do this- I can't see the hire co saying they wouldn't give out driver details until it had been taken to court.

Still waiting to hear back from them:lol:

Thankyou to the peeps who have replied

[sailor sam]

Just to update- dad received a letter form Trethowans to say that the hire co had refused to give his details to them until it had been taken to court- Trethowans won judgement:shock: so unless he had a valid reason his name would be added to judgement------- Yeah right!!

I sent a letter basically saying he had no opportunity to defend himself- the parking attendant had actually told him to park on the kerb so he didn't interrupt traffic and this would be a very lucrative business (if not illegal!). I asked them to send a copy of the judgement and told them I would be reporting them to everybody!!!!

Can they do this- I can't see the hire co saying they wouldn't give out driver details until it had been taken to court.

Still waiting to hear back from them:lol:

Thankyou to the peeps who have replied

 

Why? Untill they actually issue a county court claim against your dad, there is no way they can add him to a judgement.

[fedup74]

They said they have a county court judgement against the hire co ( who obviously weren't driving the car) and unless he had a valid dispute his name would be added to judgement- I think they're talking thru their rear ends as they wouldn't be asking if there was a valid dispute:evil:

[esmerobbo]

So Trethowans are saying they have won a NPO against the hire company, and they have your details?

 

If they have applied for an NPO and won that would have cost them a lot! If they have gone this far they are either bluffing or the next move could be a claim against you!! However given Aintree,s history in defended cases and their flawed contract, it would be a day out and a win for you!

[fedup74]

Sorry to be thick- whats an NPO:???:?!!

Received a letter- looks like they applied for N244 to set aside judgement pursuant to CPR 13.3 to add dad to proceedings and have sent the amended claim form with hire co details crossed out and my dad's name written in. They haven't sent any defence form, acknowledgement of service or anything else. Where do we go from here please?

[Al27]

Norwich Pharmacal Order. I doubt they've bothered with one of those, they're too expensive.

 

I've seen Trethowans ask the court to make an order to name the driver when they've been stupid enough to sue the wrong person. But the court has no legal powers to demand the information through only civil procedure rules.

 

To me it sounds like:

 

• Trethowans sue the hire company

• The hire company have ignored and been given a default judgment

• The hire company has woken up and tried to set the judgement aside by naming you at this late stage

 

Or have Trethowans amended their own claim? Are you getting this paperwork through the hire company?

 

So at the moment it still has nothing to do with you. Wait until the court claim actually drops on your doorstep. Your dad doesn't have to go to court, he can submit evidence and ask not to appear because of his condition.

 

The issue is whether the hire company is suddenly going to pile loads of unauthorised charges on your card. I would ring the bank and instruct them not to accept any debits from this company and to treat them as fraud.

[fedup74]

Hi Al:wink: exactly right- they got judgement by default and hire co told them my dad had hired the car so now they've applied using N244 to take hire co off proceedings and add my dad. That was heard in Southampton a month ago and the judgement states the amended claim form be served on new defendant. Will he get a new claim form then from the court or is them sending the amended claim enough? Just terrified now cos I was the one who told him to ignore the ticket!!

Thanks for quick reply

[esmerobbo]

Wait for the summons to arrive if it does, then ask for help with moving it to your local court and defending it. I think they are on more of a sticky wicket then normal here. If the road is marked up with double yellow lines they are impersonating road markings, with a Blue badge you can park on DYL's so the markings could be shown to make the driver believe they could park on them!

[Al27]

Sit tight and only respond to stuff from the court.

 

Watch your back and make sure the hire company don't try it on.

[fedup74]

Just noticed the envelope these papers came in has the court address on- that doesn't mean amended claim form has been served does it?? Got no defence/acknowledgement of service with it:???:

[fedup74]

Well they have only got a judgement in default- has to pay forthwith.

He hasn't received any acknowledgement of service or defence form- just the original claim form with hire co crossed out and his name handwritten.

I know he has to get a set aside based on the fact he hasn't received anything from the court- is anyone available to advise please?

[esmerobbo]

I am sure Al27 will pick this up, but in the meantime have you checked if the judgement is against your Dad?

[sailor sam]

I think you need to 1) apply to have the judgement set aside stating that you wern't the original respondent and as such havn't been served with the correct documention including an opportunity to defend the claim 2) request that the case is transfered to your local county court (if you havn't already done so)

 

As far as the admin fee is concerned, as previously stated the hire co's apply an admin charge when dealing with official traffic violations (as per their t&c's). This can be challanged as it wasn't an official violation. Under current UK laws, a private company cannot recover a fine or penalty though the court system so the case should fail anyway.

 

BTW, what was the court claim for (i.e. the particulars)?

Edited October 5, 2011 by sailor sam
additional info

[fedup74]

Hi esmerobbo- yes it is his name on the judgement and it just says at the top- you have not replied to the claim form!!!

Hi sailor sam- the POC was "Unpaid breach of parking reg. notice"

Thanks guys

[esmerobbo]

It seems strange that a court would cross out one defendant and hand write another in, and then make an order knowing nothing had been served on the defendant?

[fedup74]

I know I did think the same!!

I just need some help with what to put on the N244. I also need to know will he have to pay the judgement first as it says forthwith or if he gets the N244 in quickly will this put a stop to the judgement? Anybody have any advice pllleeaasseee!!