NPE Ltd PCN - Hire Car - Private Rd - Appealed - Longfield/Sevenoaks

[FTMDave]

1 hour ago, urbanc100 said:

I feel that this thread is more complex than it needs to be.

Yes, it is, through it being a song & dance to get you to upload the two invoices you are disputing (redacted) and to fill in a one-page questionnaire.

Three people have taken the time to explain that what you have received are not fines but you still refer to them as fines three times in your last post so OK so be it.

1 hour ago, urbanc100 said:

I have tried to reach out to Thrifty, but I might get a response in a month or so!

I doubt there's any way to get the charges back from the two car hire companies as you will tell the two of them that they have passed on fines, they will say your contract with them allows to charge for passing on fines (which is true), so end of story.

Alternatively you can do what dx & I have already explained in posts 19, 21 & 22.

1 hour ago, urbanc100 said:

I am not willing to go to court and incur extra costs. If I need to pay the fines to get rid of them, then so be it. Lesson learned.

Which begs the question of why you didn't pay when they were demanding £60 instead of deciding to pay when they want £170.

Plus how will you know whether they will take you to court or not?  Do you mean you will pay if they send you a Letter of Claim?

Edited January 31 by FTMDave
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[lookinforinfo]

I am sorry if my post had anything to do with your decision to perhaps not fight your corner. I wrote very early the documents that you should receive before they could win in Court against you. You didn't say that you hadn't received that paperwork so I asked again.

Only recently have you said that much of the paperwork hasn't been received. If it hasn't been received then there is no need for you to pay them as they have failed to comply with the Act. 

Let's get back on track. At the moment you are on track to pay £140 plus £40 to Euro and probably a similar amount to Thrifty. By not paying and winning you save £360 as Euro said they would reimburse the £40 if you won your case. It shouldn't be a difficult decision. Pay the overinflated and unlawful price of £360 or walk away without paying a penny  but having to put up with the aggravation you are getting from us. Plus you have the satisfaction at the end of winning. Put that way it surely makes sense to march on and win

I do hope you will fight. I hate the idea that the rogues will get paid by you thus enriching them with money that is not owed-perhaps in two ways. Number one .is that cases against hirers is much harder for the vermin to win than the usual kind of PCN that they issue. And number two perhaps is your contention in your appeal that you have documents from your local council that you are not liable to pay to park on your street.  Obviously the parking rogues would no accept such an appeal since it would cost them money.  

Please get back to us and let us know your thoughts. We are on your side .

 

[FTMDave]

I was posting on Reapster's thread earlier, noticed that also Reapster is taking on NPE, so out of curiosity looked up how many court cases we have with NPE.  The answer is - none.  They have never taken a Cagger to court.  Now that's no guarantee as companies can easily change policy, but so far they haven't been very litigious.

Honeybee13 and dx100uk have 18 years' experience each on the forum (and no doubt other legal experience before that) dealing with 12,100 of these cases.  In their opinion what you have received are not fines, not penalty charge notices, do not concern road traffic offences and are not traffic violations - and that Thrifty and Europcar were wrong to change you - and that you can claim these charges back.

However, I see you disagree with their opinion and are adamant that you've been fined, meaning the two car hire companies were correct with their charges.

[urbanc100]

Hi ,

I agree with their opinion that it is not a fine and im sure they are experienced , hence would not be on here

 I am not adamant about anything, which is why I asked for advice. and what hey provided me with is helpful.

As I mentioned earlier, I will not pay the penalty that was sent to me.

However, in order to avoid receiving letters from these so-called companies, I will need to inform them in writing whenever I rent a car again.

[FTMDave]

OK, my bad.

I thought your constant references to "fines" were indicating disagreements with HB and dx.  Anyway ...

1.  It will depend on the contract, but generally where council penalty charge notices are concerned car hire companies are allowed to charge administration fees and indeed deduct the amount of the penalty charge.  But the whole point is that what you have received is something completely different, an invoice from a private company.  Therefore get on to your bank and start two chargebacks.  I did this myself a year ago for the first time and it was easy.

2.  You say you will ignore NPE's two demands but that you're not prepared to go to court   There is a contradiction here.  How can you be sure court papers won't drop through your letter box tomorrow morning?

Generally these companies do obey the Pre-Action Protocol which means they have to send a formal Letter Before Claim/Letter Before Action before they start a county court claim.  If you look at Reapster's thread    https://www.consumeractiongroup.co.uk/topic/458760-npecis-cctv-pcn-lombard-place-london-e3-5fa-not-parked-in-a-marked-parking-bay/#comments  NPE keep getting to this stage, Reapster keeps replying with a snotty letter showing he/she would be big trouble for NPE in court, and NPE keep bottling it.  But there are no guarantees.  You "owe" them double the usual amount and they might get greedy and try court.  There is always that chance.

Edited Thursday at 16:49 by FTMDave
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[FTMDave]

So, any update here?

Did the chargebacks go through alright?