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Kirklees MC, Avis and the PCN


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im at work and my wife rings me to say a Bailiff from Collectica had just been to the house, and left some paperwork for me.

 

 

Stating that a magistrates court had decided that i am liable for a fine for unpaid PCN totalling £440.

 

 

I didnt dispute the PCN, but i remembered that Avis had sent me a letter stating they had paid the PCN

from the Visa card that i made the booking with (rental was from 03/13)

 

 

i contacted Avis and they sent me the receipt for the card payment showing that i paid Avis the amount owed.

 

 

I contacted KMC and they said they would put a hold on the bailiff whilst i go through my bank statements and highlight the payment.

 

 

I did this, statement clearly shows that the money left my account, backed up with the receipt.

 

 

KMC were happy that i had paid the PCN.

 

 

i asked them who was at fault for this as it had caused a lot of stress with my wife pregnant and due in 6 weeks

and my wife did say the guy from Collectica was very unpleasant and had i been there it would have definitely escalated.

 

 

KMC advised that i should definitely contact Avis to complain and see what they would do,

 

 

i have sent three emails of complainand no reply and

 

 

today i have called them twice and they say their systems have been down and someone will call me back...

..suprise suprise no one has.

 

 

What course of action do i have now?

 

 

as this really has left a bitter taste in my mouth

 

 

they can make a mistake of this magnitude and then ignore me.

 

 

Whereas if it were the other way around they would hound us.

 

 

Any help much appreciated guys/girls.

 

 

Pete

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The CEO of Avis UK is Mark Servodidio.

 

[email protected]

 

01344 426 644

Avis. Budget House Park Road, Bracknell, RG12 2EW

 

Go wild ;)

 

 

And if you really want to go mad. The CEO of Avis Budget Group Europe, is Larry De Shon.

 

[email protected]

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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I don't get it.

 

If it was a PCN on a hire car, the hire firm were liable. If they used your card to pay it, then that should have closed the matter - so why was it left live? And has it really been paid in full?

 

I think you should contact whoever issued the PCN and find out what happened. Don't get mad at whoever happens to pick up the phone - just do some fact-finding so you know where you stand.

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I don't get it.

 

If it was a PCN on a hire car, the hire firm were liable. If they used your card to pay it, then that should have closed the matter - so why was it left live? And has it really been paid in full?

 

I think you should contact whoever issued the PCN and find out what happened. Don't get mad at whoever happens to pick up the phone - just do some fact-finding so you know where you stand.

 

Avis paid KMC via the visa debit paid the rental with. And got a year (without me knowing, I received no correspondence) it had gone to a court as KMC never received the payment from Avis.its definitely been paid, but whether there was some confusion on depot locations (car hired from Huddersfield but paid to Leeds) I don't know.

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But if it was paid, the case would have been closed down. It would only have got to where it is today if the payment was insufficient to clear the amount owed. Unless they sent a cheque or something, which could have got lost in the post, I don't see how the payment can just not go through. Also, Avis would be legally liable as the owners of the vehicle, so how did liability end up with you? The Council would hold Avis liable.

 

What might have happened is that Avis gave the Council your details, and maybe didn't give them the right ones, so you didn't get correspondence.

 

Is this matter now closed, or is the bailiff still going to be after payments?

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But if it was paid, the case would have been closed down. It would only have got to where it is today if the payment was insufficient to clear the amount owed. Unless they sent a cheque or something, which could have got lost in the post, I don't see how the payment can just not go through. Also, Avis would be legally liable as the owners of the vehicle, so how did liability end up with you? The Council would hold Avis liable.

 

What might have happened is that Avis gave the Council your details, and maybe didn't give them the right ones, so you didn't get correspondence.

 

Is this matter now closed, or is the bailiff still going to be after payments?

 

Avis billed me the money from my card as soon as they received the PCN. KMC say they never received it, Avis aren't liable if they are not the driver and can identify the driver (as it says on the reverse of the PCN) it looks like Avis have not paid KMC. I received a letter from Collectica saying the warrant has been recalled, and I should speak with KMC.

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It sounds like you haven't been told the full story here.

 

AVIS would be liable whether they were driving or not. They could only have transfered liability onto you if the case was live - ie, they knew it hadn't been paid off.

 

If they thought they'd paid it, they would have received correspondence telling them otherwise. If they responded to that by transfering liability to you, (IF they did) then you would have received correspondence.

 

It's all a bit odd, but if it's true that the warrant has been recalled, then that part is dealt with. If I were you, I'd check with the council that this is the case - it's been withdrawn, not just suspended.

 

So where do you stand now? Do you still owe AVIS or the Council for the original PCN? Or are they saying it's all paid up.

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It is not legally possible for a parking penalty charge to end up in a magisrates court.....end of!!

 

I'm sure someone, either KMC, Avis or the OP is getting Magistrates mixed up with County court. Either way though, as long as KMC have recalled the warrant from Collectica and cancelled it, that's the main thing ;)

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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I'm sure someone, either KMC, Avis or the OP is getting Magistrates mixed up with County court. Either way though, as long as KMC have recalled the warrant from Collectica and cancelled it, that's the main thing ;)

 

Sorry for the late reply, if it were a county court then I would have had a judgement against me! KMC told me that it wouldn't go against my credit report (as this was my concern) so that would lead me to believe it was a magistrates court? Everything I've told you is exactly as it happened. The warrant was recalled yes, but who is to blame on this?

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Who is to blame? You'd need to do more investigation.

 

Firstly, did the payment Avis made on your behalf clear the whole of the amount owing? If so, I'd say the council are partly to blame. If not, Avis. Either way, if Avis gave the council your details, which I presume they did (where else would the council have got them from?) did they give the right ones? If not it's Avis's fault but if they did, did the council send their notices to that same address - if they didn't that's their error. If they did, the Post Office is at fault for not delivering them... and so on.

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