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Hire Car and no PCN
Persepolis
post Sun, 17 Feb 2019 - 14:16
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I queried an admin fee on my credit card from my car hire company and was told it related to a ParkingEye PCN. I wrote to ParkingEye to ask for a copy of the PCN. They replied to say my appeal had been rejected. I wrote back to say I hadn’t yet appealed and asked again for the PCN plus the identity of the car park owner and a copy of the contract under which ParkingEye had the right to charge me. I received none of these. I was told I had exhausted ParkingEye’s internal appeal process (despite the fact I still had not made any appeal). I wrote to ask advice from POPLA and was told their 28 day process had expired.

I have still not received a PCN. I now know the PCN was for overstaying beyond the period paid for at a paid car park, but I don't know how long they claim this was. ParkingEye has told me I can’t appeal to them and so has POPLA – and yet I haven’t made any appeal yet. Is there anyone I can appeal to? Is ParkingEye allowed to start the 28 day "further appeal process" before actually receiving an initial appeal?

ParkingEye has now written to say “the case will be reviewed for further action which may include… referral to debt recovery… issuing of court proceedings” etc.

I'd be grateful for any thoughts on possible next steps!

This post has been edited by Persepolis: Sun, 17 Feb 2019 - 16:36
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post Sun, 17 Feb 2019 - 14:16
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nosferatu1001
post Thu, 21 Feb 2019 - 07:48
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QUOTE (Persepolis @ Tue, 19 Feb 2019 - 22:09) *
Spot on, nosferatu, I agree.

Hence the question - what is meant by whether the documents were provided. Delivery to address 1, or receipt at address 2?

See 14(6)

Did they include the hire documents?
If no, then it doesnt matter where they sent them.
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Persepolis
post Thu, 21 Feb 2019 - 10:11
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IF they sent a notice to address 1 I wouldn't know what was included, as anything sent to address 1 would not have been received by me.

I shall follow the ostell approach (thank you) on all the likely POFA failures.
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ostell
post Thu, 21 Feb 2019 - 10:15
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If you can get a copy of the original PCN from the lease company I think you will find a comment about how they have the documents but aren't sending them.
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Persepolis
post Thu, 21 Feb 2019 - 18:30
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The documents they are obliged to send under POFA, e.g. the rental agreement / hirer liability statement that they might have received from the vehicle hire firm?

Why would they tell the vehicle hire firm that they have those documents but aren't going to send them to the vehicle hire firm? Would they not have sent that comment to the hirer (perhaps "address 1")?

I have been in touch with the vehicle hire firm today seeking copies of what they have.
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nosferatu1001
post Thu, 21 Feb 2019 - 19:54
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No, they don't say that to the hirer.
Look
They have never supplied hire documents. Ever
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Persepolis
post Sat, 23 Feb 2019 - 10:45
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The point is understood, nosferatu.

I read ostell's advice throughout the forums; it is helpful and I respect it. Ostell advised that I seek the original PCN from the car hire firm in order to find that comment. I don't want to miss a trick here. But I don't understand this particular advice so I asked the question, in case I have misunderstood. Is the suggestion that PE might have written to the car hire firm to say that PE have the hire documents but won't be sending them (which doesn't make sense to me)? Or is the suggestion something else?
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ostell
post Sat, 23 Feb 2019 - 11:56
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So a SAR to PE to find out what they have with your name on it.

From previous experience PE do not send the required documents to the hirer, they just say that they have them.

Stop prevaricating and send that letter! Point out that any time limits are limits of their own making. Request a POPLA code. They won't accept it but it getting the ducks in line in case of further action.

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Persepolis
post Sat, 23 Feb 2019 - 14:07
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Letter to PE already went. This was about whether there was anything to get from car-hire company.

SAR to PE included, inter alia, anything they received from car hire company concerning me.
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Persepolis
post Thu, 28 Mar 2019 - 15:57
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Update:

Letter went to PE in Feb. PE reply received today - see attachment.

Letter to PE included:
1. I can have no liability as PE had failed to meet the requirements of Schedule 4 of POFA 2012 etc
2. Restated that I have never received the PCN
3. An "initial appeal" against the PCN*
4. A Subject Access Request
5. "Any further communication..." etc "... will be considered vexatious and harassment"
6. A requirement for PE to rescind the PCN so the hire car company will refund their admin charge

* Recap:
I first asked PE in Nov for a copy of the PCN. PE treated this as an appeal and rejected it. I maintain it was not an appeal, just a request for information. My argument is that my initial appeal was not until the Feb letter, and they should therefore have provided a POPLA code in response to it.
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Persepolis
post Fri, 29 Mar 2019 - 11:49
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QUOTE (ostell @ Sun, 17 Feb 2019 - 22:42) *
Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.


Can I ask what is the legal effect of the "vexatious and harassment" language? If they continue chasing this then I can consider it vexatious and harassment, but how do I use this to help me?

This post has been edited by Persepolis: Fri, 29 Mar 2019 - 11:52
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ostell
post Fri, 29 Mar 2019 - 22:09
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If it gets to court and the judge agrees with you it could cost PE a lot.
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