ECP ANPR PCN - Rental Car - Island Green Wrexham - enterprise charged me £35 just for telling ECP my details

[LowdenMan 0]

Hi folks,

 

I was driving a rental car and accidentally typed in the reg of my own vehicle. 

 

I have had a "notice to hirer" sent via the rental company (charging me £35 for the privilege) informing me of a £90 parking fine, reduced to £50 if paid by the 24th October (today). 

 

I still have the "refund voucher" that I received with the incorrect vehicle reg that shows what I had paid and at what time. 

I had assumed that appealing would be my next step but I saw someone else mention on a post here that it was better to seek advice before doing so. 

 

So just wondering if anyone could advise on what to do next? 

 

Thank you in advance!

[honeybee13 4,448]

Hello and welcome to CAG.

 

Firstly, please don't appeal until we can see what's happened so far. The best thing is to let us have the information requested in the forum sticky thread, link below.

 

 

Best, HB

[FTMDave 596]

Don't appeal.  Firstly PPCs never, ever accept appeals, and secondly you did break their silly rule and from their point of view you owe the money.

 

The good news is that wrong registration cases have been tested in court several times, the judge has always found in the motorist's favour, it's a case of "de minimis" AKA "the law does not deal with trivialities".  The PPC got their money.  They suffered no loss.  End of.

 

Don't expect them to see it that way though, they'll send you various threatening letters saying you'll be hung, drawn & quartered, but that's all hot air, legally you owe nothing.

 

Have you hired with the same company before?  If so I would be tempted to get onto their head office and say they can either cancel the £35 fee or lose a valuable customer.  It doesn't really cost them £35 to send out a letter, it costs the price of a stamp.  At least they realised it was a private invoice and not a council PCN which they automatically pay, small mercies!   

 

Yes, when you have time please fill in HB's sticky.

 

 

[dx100uk 9,435]

have the hire company actually got the £35?

if not make sure you ring your bank and tell them not to authorise any further payments like a CPA via your debit card to the company.

 

dx

 

[LowdenMan 0]

1 Date of the infringement 16/09/2020

 

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 10/10/2020

 

[scan up BOTHSIDES as ONE PDF- follow the upload guide]

 

3 Date received Not sure of date 

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] N

 

5 Is there any photographic evidence of the event? Y

 

6 Have you appealed? [Y/N?] post up your appeal] N

 

Have you had a response? [Y/N?] post it uNA NA

 

7 Who is the parking compaEuro Euro Car Parks

 

8. Where exactly [carpark name and Island Island Green Wrexham

 

For either option, does it say which appeals body they operate under.

BPA
 

 

Euro Car Park PCN.pdf

 

In answer to DX100, yes the rental company automatically charged my card.  I went into the branch and asked if this could be refunded and the directed me to their head office who I emailed and was advised it would be refunded upon evidence that the ticket had been cancelled. 

 

Thanks for all the responses so far, it is reassuring!

Edited October 24, 2020 by LowdenMan

[dx100uk 9,435]

No the bank are not judge and jury!!

 

The private speculative invoice is not a fine and the hire companies t&  will state fines not fake parking invoices!!

 

Demand it is charged back.

[LowdenMan 0]

That is a good point DX100 I shall have give them a call and see what I can sort out.  Hopefully my PCN and questionairre is viewable now, please let me know if you need any more info.  Thanks

[LowdenMan 0]

Hi folks,

 

I've spoken to customer service at Enterprise and was referred back to the traffic violations team who sent the original email refusing to refund the the charge.  She gave me a phone number to call but is currently down because of covid so I'm not currently able to talk to anyone on the phone about this.  I checked out the Ts&Cs in the contract and found that it does in fact cover parking "fees" and "charges" so not sure what grounds to challenge this on, given I cannot actually speak to anyone. 

 

TRAFFIC VIOLATIONS, PARKING AND TOLLS: I acknowledge that for the period of the rental I am liable for all traffic violations; parking fees, fines or penalties; and charges and penalty tolls. Owner will charge you an amount of up to £35 for administrative costs.

 

Look forward and to hearing from you about this and how best to deal with Euro Car Parks.

 

Thanks in advance

[dx100uk 9,435]

it's not a violation, it's a speculative invoice for breaking some imaginary contract the driver made with ECP by driving onto the land.

 

Enterprise are breaking contract law by charging you £35 as they did not enter into the contract

the £35 is a penalty admin and as such is unlawful .

 

pers i'd go do a chargeback to your bank.

they have no legal right to charge anything.

all they are required to do is inform the PPC of the ID of tthe driver...you

that does not cost £35!! more like 50p

 

 

[FTMDave 596]

dx is spot on, go for chargeback.

 

Out of idle curiosity, did you hire the car at an airport?

[LowdenMan 0]

HI FTMDave, no it was hired at the local branch.  Thanks for the tips on how to handle the rental company folks much appreciated.  Apart from not appealing does anyone have any suggestions on what steps I should be taking with regards to the Euro Car Parks PCN?  Just my 21 days to pay or appeal is up on the 31st October.  Thanks in advance!

[dx100uk 9,435]

you don't appeal.

 

bar getting photo's of all the signs and clear copy of the small print on them.

their positions on a diagram

what the view is BEFORE entering the car park

 

checking they have planning permission for their signs, ANPR camera's and poles for each

you do nothing.

 

await and see if they send a letter of claim.

 

ignore stupid DCA's

they are NOT BAILIFFS

and have 

ZERO legal powers on any debt, no matter it's type.