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16 PCNs (47J) from Greenwich Borough - Millennium Way
nissqash
post Mon, 8 Mar 2021 - 19:06
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Hi all,

I have a company-provided rental car from Enterprise, and just received 16 PCNs dating back as far as 4 months ago from my company accounts department. I've attached a snapshot of 1. Enterprise have paid them, and forwarded the invoices to my employer. My employer took months to forward them to me.

Obviously, I was at fault, however unfortunately I didn't become aware of the PCNs accruing as my company didn't forward them to me. They are now asking to deduct it from my pay. They have made clear that employees are liable for parking fines, though I do need to check whether I ever agreed to this in writing. Regardless, I don't particularly want to start a fight with my employer over this if I can avoid it.

It feels like my best option is to beg for leniency or some sort of compromise. Alternatively, I could get a solicitor involved to help fight or plead, though I don't believe I have any grounds besides begging for mercy due to the life-changing quantity of fines.

Any suggestions?

Thanks all

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post Mon, 8 Mar 2021 - 19:06
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cp8759
post Mon, 8 Mar 2021 - 20:05
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You can't appeal a PCN that has been paid. What you are now left is a private contractual dispute between your employer and enterprise. You (as in you in your personal capacity) have no standing in the matter as you're not a party to that contract. Also as the employer is not a consumer, you can't use consumer rights law against enterprise.

A solicitor would not be able to help, solicitors know little to nothing about PCN law (and the costs would quickly dwarf the £130 PCN).

The only hope is if the contract between enterprise and your employer has something useful, do you even have a copy of that contract?


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nissqash
post Mon, 8 Mar 2021 - 20:25
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Thanks cp8759.

I'm surprised that paid PCNs cannot be appealed, as this would mean all PCNs incurred through a rental car company, who will pay them as a matter of course, cannot be appealed. Is that right?

Regarding the contract between Enterprise and my employer, I can ask but I doubt I'd have any standing to be privy to the contract. Regardless, I'd be surprised if there's any loophole to be found.
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stamfordman
post Mon, 8 Mar 2021 - 21:00
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What is the sum - have the PCNs been paid at the £65 discount. Are they also charging an admin fee for each one.

this is aggravating as you were given no chance to correct the situation after a first PCN was received. That is a bone of contention between you and your company.
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nissqash
post Mon, 8 Mar 2021 - 23:56
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Thanks stamfordman. I agree, I need to take this up with my company. The sum is approximately £1,500.

Is it correct then that any council PCN immediately paid by Enterprise and passed on to my company is then non-contestable? That's not the advice they have given.

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stamfordman
post Tue, 9 Mar 2021 - 00:22
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QUOTE (nissqash @ Mon, 8 Mar 2021 - 23:56) *
The sum is approximately £1,500.


That's about right for 16 x £65 = £1040 + 16 x £30 admin that Enterprise charges = £480 = £1520 in total

I don't think you'll have any come back against Enterprise if the agreement is that they pay such PCNs but if your company sat on a first few while you were racking up more then that's an issue.

This post has been edited by stamfordman: Tue, 9 Mar 2021 - 00:23
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nissqash
post Tue, 9 Mar 2021 - 08:51
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Enterprise have advised:

QUOTE
The invoice you have received from Enterprise contains a third-party statement which acts as a letter of authority. This will allow for an appeal to be made with the issuing authority.

Please provide the issuing agency (in writing) your correspondence and a copy of our invoice for an appeal to be made.

If your appeal is successful, we will be able to cancel/refund any charges once a refund from the issuing agency has been received.


This seems to suggest there is still room to appeal, though the only avenue I could possibly see to do so is by writing a letter to Parking Services. Is it possible they are misleading me, intentionally or otherwise?
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stamfordman
post Tue, 9 Mar 2021 - 09:07
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QUOTE (nissqash @ Tue, 9 Mar 2021 - 08:51) *
Enterprise have advised:

QUOTE
The invoice you have received from Enterprise contains a third-party statement which acts as a letter of authority. This will allow for an appeal to be made with the issuing authority.

Please provide the issuing agency (in writing) your correspondence and a copy of our invoice for an appeal to be made.

If your appeal is successful, we will be able to cancel/refund any charges once a refund from the issuing agency has been received.


This seems to suggest there is still room to appeal, though the only avenue I could possibly see to do so is by writing a letter to Parking Services. Is it possible they are misleading me, intentionally or otherwise?



I don't know - normally trying to reopen a PCN that's been paid is not on but maybe there's a way in to batch the PCNs and write to Greenwich to see if they'll consider cancelling some.
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cp8759
post Wed, 10 Mar 2021 - 21:23
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QUOTE (nissqash @ Tue, 9 Mar 2021 - 08:51) *
This seems to suggest there is still room to appeal, though the only avenue I could possibly see to do so is by writing a letter to Parking Services. Is it possible they are misleading me, intentionally or otherwise?

Enterprise don't know what they're talking about, they're not trying to mislead you they're just ignorant.

An enforcement authority always has a discretion to do something it isn't obliged to do, so there is nothing to stop you from writing to the council asking them to re-open the PCNs, refund the payments, consider out of time reps or whatever else. The problem is that if they say no, or even if they simply chuck your letters in the bin and ignore you, there's literally nothing you can do about it. On the other hand it costs nothing to try.

If you'd hired the car in a personal capacity we could easily use consumer protection law to force Enterprise to foot the bill themselves, but as the contract is between your employer and enterprise there isn't really much to be done about it.

As far as your employer sitting on the PCNs goes, we can't really say anything unless you're willing to share the relevant contract between you and your employer, which will either be your employment contract or might be a separate agreement.


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