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Council PCN For Rental Car While I Paid For My Car Instead of Rental
thakks
post Fri, 9 Mar 2018 - 17:04
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Hi Everyone
Recently I had an accident and my car is in the garage that is just been write-off as not economical to repair. I have courtesy car for last couple of weeks and when i visited my local high street , i paid by mobile app but didn't change the registration number, which was set up with my car.
When i came back i got the PCN and i did email council about it but they send out the letter saying onus is on the driver to check all details and ensure payment. My car was in garage and is only been write-off as of today.
So can i make successful representation for this PCN? Any advise is much appreciated.
Thanks
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post Fri, 9 Mar 2018 - 17:04
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stamfordman
post Fri, 9 Mar 2018 - 17:13
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Post the PCN, your challenge and the council's rejection. Use a pic site such as Imgur or Flickr.

If the council won't cancel there is probably nothing we can do if it's a council that plays nasty on these human errors, and you have the added problem that the next stage goes to the car owner and not you. Who owns the courtesy car?

This post has been edited by stamfordman: Fri, 9 Mar 2018 - 17:13
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thakks
post Fri, 9 Mar 2018 - 18:56
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PCN can be seen here https://photos.app.goo.gl/KttSJMiPOAUHzLhv2
Also the email i send is the one below and I also send the receipt for the payment i actually made for my courtesy car.

Courtesy car is from enterprise as part of my insurance with direct line.


-----Your Message-----
Hi
I paid for the parking using my phone, but unfortunately i forgot that i am using the courtesy car and my own car. I had an accident last week and driving this car. The car that i actually own is LC05 XXX which is in garage and my insurance company provided me the courtesy car with Reg WO67 XXX.
I have set up the app in my phone but as i was with my two son (one 3 yr old and other 7 month old), I completely forgot to change the car.
I have the receipt for the parking that i can email if there was an option to attach here. Details below anyway
Receipt Number : 5189000
Account Number: 07908000000
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thakks
post Tue, 13 Mar 2018 - 19:46
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Wondering if someone can propose what should be my next step. Thanks
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stamfordman
post Tue, 13 Mar 2018 - 20:06
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looking at their rejection I think they've let the door open as they talk about not paying to park, which you did. they say no record for parking in the location which the vehicle was in, but there was. At that point in the rejection they are not linking the actual car.

As this is 'only' a £60 PCN it could be worth going on. As this is Barnet you could also consult our Barnet expert, Mr Mustard. mrmustard@zoho.com

See what others think now this is bumped.


Partly related:

http://forums.pepipoo.com/lofiversion/index.php/t89463.html

This post has been edited by stamfordman: Tue, 13 Mar 2018 - 20:07
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thakks
post Sun, 18 Mar 2018 - 00:45
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Hmm i email him couple of days back, so will wait to see if he get time to comment on my PCN. thanks though
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Neil B
post Sun, 18 Mar 2018 - 00:55
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QUOTE (thakks @ Fri, 9 Mar 2018 - 17:04) *
but they send out the letter saying

Can we see this please.


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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cp8759
post Sun, 18 Mar 2018 - 01:20
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QUOTE (Neil B @ Sun, 18 Mar 2018 - 00:55) *
QUOTE (thakks @ Fri, 9 Mar 2018 - 17:04) *
but they send out the letter saying

Can we see this please.

It's in the link at post 3 (Yes I know it only says "PCN here", but there you go).

This post has been edited by cp8759: Sun, 18 Mar 2018 - 01:20


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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thakks
post Thu, 22 Mar 2018 - 22:27
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Any update friends unsure.gif
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cp8759
post Thu, 22 Mar 2018 - 23:46
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QUOTE (thakks @ Thu, 22 Mar 2018 - 22:27) *
Any update friends unsure.gif

I think at this point your choice is to either pay, or wait for the NtO and then ask them to exercise discretion to cancel. If they refuse but mess up the response, you could then appeal on a procedural impropriety.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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thakks
post Fri, 23 Mar 2018 - 19:01
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Alright as it was hire car, should take a while to come across. thanks
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hcandersen
post Fri, 23 Mar 2018 - 19:46
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What??

This is a hire car and you might not get a NTO, this would be sent to Enterprise.

Forget what you think you could do, this ball is NOT in your court.

And you've missed the discount by the looks of things.

My suggestion given the time left: pay the discount if you can.

If you cannot, then come back here.

A NTO will not be sent until early April, so if the discount's gone we have time in hand.
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thakks
post Fri, 23 Mar 2018 - 23:01
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I just checked and its showing £30, so discount seems to be available. But are you all suggesting i have no grounds and i will have to pay eventually. I already paid but it was for my personal car that was in garage and as this was courtesy forgot to change on the APP. Please advise as i am not sure how long this discount will be available for. I personally think council should cancel the PCN. They didn't when i made informal Challenge to the PCN.
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Incandescent
post Fri, 23 Mar 2018 - 23:04
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Unfortunately, cancelling the PCN is entirely at their discretion and far too many councils just love the cash too much to do so. Best pay the discount IMHO
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cp8759
post Sat, 24 Mar 2018 - 00:32
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QUOTE (Incandescent @ Fri, 23 Mar 2018 - 23:04) *
Unfortunately, cancelling the PCN is entirely at their discretion and far too many councils just love the cash too much to do so. Best pay the discount IMHO

+1


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Mr Mustard
post Sat, 24 Mar 2018 - 09:40
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Sorry not seen an email but getting too many work ones at present so may have missed it. Please resend to mrmustard@zoho.com

Agreements of Enterprise used to have some statutory data missing which prevented liability transfer.

Tell Enterprise you want to fight the Notice to Owner so could they please tell the council you rented the car. Don’t tell them the grounds you plan to use.

This post has been edited by Mr Mustard: Sat, 24 Mar 2018 - 09:42


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hcandersen
post Sat, 24 Mar 2018 - 11:00
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Agreements of Enterprise used to have some statutory data missing

I do not agree that the OP should risk an increased charge based on the above which seems pretty tenuous and is certainly unverifiable as regards this case.

And anyway, so what if liability cannot be transferred? This does NOT mean that the OP is not liable contractually to Enterprise.

IMO, Enterprise could show that the OP was in breach of their contract, so even more charges could come their way.

Pay the discount.
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thakks
post Sat, 24 Mar 2018 - 22:08
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Mr Mustard, Basically I only requested in the email to have a look at this thread and advise accordingly. Thanks for looking in to it.
I am not sure as wont council know already that i was driving the car anyway as i have already made the informal challenge against the PCN. Please see the above link where i have uploaded the PCN and email i wrote and the response i got back from them. Link here again https://photos.app.goo.gl/KttSJMiPOAUHzLhv2
Okay for me next is to let the enterprise know that i will like to challenge the PCN, so please direct me any document around my PCN, right?
Thanks
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big_mac
post Sat, 24 Mar 2018 - 23:09
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Enterprise charge something like £35 as an admin fee for passing on your details etc.
You can argue that they shouldn't, but getting it back may be difficult.
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Redivi
post Sun, 25 Mar 2018 - 07:05
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I would pay the £30 if it's still available

If you don't, you'll still have to pay £36 admin to Enterprise even if the PCN is eventually cancelled

As an aside, my daughter was a branch manager for the company and the £36 charge was their biggest cause of complaints
She always cancelled them if the customer complained but many managers won't
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