MET Parking Services, PCN |
MET Parking Services, PCN |
Thu, 5 Dec 2019 - 12:45
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#1
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Member Group: Members Posts: 36 Joined: 18 Oct 2011 Member No.: 50,454 |
Hi all
A Driver needs some help Driver rented a car through work in April 2019. Drivers work use a company who then book with one of the major car rental companies. Driver then received an invoice in July from companies finance company for a pcn issued by met parking services. They say driver parked or waited in a disable bay without displaying a disabled badge. The pcn was paid by the hire company who in turn passed on to the third party company who driver use to book cars and then they have invoiced drivers company. driver tried to appeal on METs website but because the pcn was already paid driver wasnt able to so, also maybe due to the 3/4 month gap between in being paid and the driver actually getting it in drivers inbox. "The combination of Parking Charge Notice number and vehicle registration could not be found. Please ensure that the details you have entered are correct" Driver has argued with the third party company about the fact they should have passed drivers details to MET and not paid the pcn since this has taken away drivers right to appeal, however they dont seem to be having any of it. Have told driver to raise with MET complaints but driver is struggling to even find anything about that online. PCN attached Any advice would be greatly appreciated? Br This post has been edited by Jskaife: Thu, 5 Dec 2019 - 13:15 |
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Thu, 5 Dec 2019 - 12:45
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Thu, 5 Dec 2019 - 15:06
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#2
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Member Group: Members Posts: 9,985 Joined: 20 Aug 2008 Member No.: 21,992 |
I wouldn't pay their invoice. If they were too stupid to know how to transfer liability away from them then that's their lookout.
What does it say in the third party company's Ts & Cs regarding parking tickets? -------------------- Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Thu, 5 Dec 2019 - 15:27
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#3
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Member Group: Members Posts: 36 Joined: 18 Oct 2011 Member No.: 50,454 |
Thanks for the reply
The T's and C's of third party state the following: Parking Charges/Road Traffic Fines/Tolls/Congestion Charges Parking charges/road traffic fines and any other fines, charges or taxes incurred during the hire period will be the Hirer’s responsibility. Failure to pay parking/toll or other road traffic related costs may result in a fine being charged to your company, together with any appropriate administration fees. Driver is not sure on the T's and C's of the rental car company as of yet. |
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Thu, 5 Dec 2019 - 20:44
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#4
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
And the notice fails to state keeper liability as required by 9 (2) (f) in POFA ( plus other fails) so the hire company had no liability anyway.
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Fri, 6 Dec 2019 - 08:45
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#5
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Member Group: Members Posts: 36 Joined: 18 Oct 2011 Member No.: 50,454 |
So from what the driver can see from POFA it states the following in 9 (2) (f)
warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver,the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Driver is hoping someone can give some guidance around what the driver can respond to the third party with (the ones who have invoiced the drivers company) |
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Fri, 6 Dec 2019 - 10:56
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#6
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
It matters not whether they met PoFA or not, they just had to name the hirer to have no liability.
It was not a fine, or a toll, though arguably was a charge. Most hire co's have the T&C's online if you start a dummy booking it takes you straight to them. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Fri, 6 Dec 2019 - 11:07
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#7
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
You can point out that the registered keeper had no liability in the matter because of mistakes made by the parking company but in any case should have named the hirer to absolve themselves of any liability.
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Fri, 6 Dec 2019 - 11:17
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#8
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
They had no right to pay the charge UNTIL the Hirer failed to pay
"Failure to pay parking/toll or other road traffic related costs may result in a fine being charged to your company, together with any appropriate administration fees." |
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Fri, 6 Dec 2019 - 11:47
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#9
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Member Group: Members Posts: 36 Joined: 18 Oct 2011 Member No.: 50,454 |
T's and C's from enterprise
4. Renter's Main Obligations (a) Renter is required to (viii) pay any administrative fines, fees, charges, costs, penalties, or other fines that are imposed, issued or incurred in connection with the Renter's usage of the Vehicle during the Rental Period (including usage of the Vehicle by Authorised Drivers or other third parties who are permitted by Renter to use the Vehicle), such as fines or fees for illegal parking or speeding, non-compliance with bus lane, congestion charges, tolls or violations of the rules of the highway or traffic offence or contravention in any country, in all cases, to the extent permitted by law and not caused by Owner; (d) Renter shall pay to Owner on demand: (ii) all penalties, fees, fines and court costs for parking, bus lane use, fines and road tolls, for all roadway infractions or other Vehicle-related offences which are assessed against the Vehicle, Owner, Renter, any Authorised Driver or any other person Renter permitted to use the Vehicle, until the Vehicle is returned, unless caused through Owner’s own fault; nosferatu1001 comment certainly gives some ammunition to go back to the drivers third party with. Was thinking of sending something around the following: In addition, as per your own terms and conditions "Failure to pay parking/toll or other road traffic related costs may result in a fine being charged to your company, together with any appropriate administration fees." Moreover, the registered keeper had no liability in the matter because of mistakes made by the parking company but in any case should have named the “hirer” to absolve themselves of liability. And as per the terms and conditions of Enterprise: 5. (d) Renter Shall pay to owner on demand (ii) all penalties, fees, fines and court costs for parking, bus lane use, fines and road tolls, for all roadway infractions or other Vehicle-related offences which are assessed against the Vehicle, Owner, Renter, any Authorised Driver or any other person Renter permitted to use the Vehicle, until the Vehicle is returned, unless caused through Owner’s own fault; In this case, this was not a penalty, fee or fine it was a charge for a breach of contract. This post has been edited by Jskaife: Fri, 6 Dec 2019 - 11:41 |
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Fri, 6 Dec 2019 - 15:05
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#10
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Thats not very well written; it just starts with no preamble, and is a jumble
FOr example, when you say "In addition..." you dont actually then say why this is at all relevant. |
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Fri, 6 Dec 2019 - 15:21
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#11
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Member Group: Members Posts: 36 Joined: 18 Oct 2011 Member No.: 50,454 |
Sorry, this was carrying on from another email driver had sent to third party company account manager;
Hi xxx, Thanks for your response Driver cant find anything about a complaints department online for Met Parking Services? Driver submitted a contact me form but its more about engaging with them about using there services. Should it be Zenith which Driver is speaking to about this or the actual car hire supplier? Driver is trying to understand who is requesting the payment? Has Zenith in turn paid the car hirer? At the end of the day, the drivers details should have been passed to MET and MET should have contacted the driver. Not just pay the PCN straight away…. In addition, as per your own terms and conditions "Failure to pay parking/toll or other road traffic related costs may result in a fine being charged to your company, together with any appropriate administration fees." Moreover, the registered keeper had no liability in the matter because of mistakes made by the parking company but in any case should have named the “hirer” to absolve themselves of liability. And as per the terms and conditions of Enterprise: 5. (d) Renter Shall pay to owner on demand (ii) all penalties, fees, fines and court costs for parking, bus lane use, fines and road tolls, for all roadway infractions or other Vehicle-related offences which are assessed against the Vehicle, Owner, Renter, any Authorised Driver or any other person Renter permitted to use the Vehicle, until the Vehicle is returned, unless caused through Owner’s own fault; In this case, this was not a penatay, fee or fine it was a charge for a breach of contract. The invoice in this instance will not be settled we duly request a credit note is issued. A previous email received from third party company: "Further to previous correspondence sent by my colleague xxx on this, I can confirm the hire provider have a policy to pay all hire fines/parking charge notices on receipt. This is not in contravention of any terms, conditions or administering options MET Parking Services (as the issuer of the parking charge notice) offer, and is line with both Zenith hire terms and conditions, Enterprise terms and conditions and the rental agreement Zenith have with your employer " |
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Fri, 6 Dec 2019 - 19:53
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#12
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
The hire company cannot name the driver, they were not there at the time. The only name the hirer.
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Tue, 10 Dec 2019 - 11:29
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#13
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Member Group: Members Posts: 36 Joined: 18 Oct 2011 Member No.: 50,454 |
So, driver has received following response from third party company:
Try this link - https://www.resolver.co.uk/companies/met-pa...contact-details For all penalty fines, the suppliers pay the issuing authority straight away. Two reasons for this – One, this is their vehicle. Secondly, it stops the charge from increasing for the driver. After paying the initial penalty fee, the supplier will invoice Zenith and Zenith then invoice the customer. You will need to dispute this with the issuing authority, with the help from the link above. Any advice on what the driver can reply to this with? |
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Tue, 10 Dec 2019 - 15:20
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#14
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
No, the hirer has received a response
The driver plays no bloody part in any of this. This isnt triclky Noone is to know who the driver is NOONE LITERALLY, NOONE Stop telling the whole world and edit the post. That links hsows nothing but how to complain. So they have admitted that only works for fines. This isnt a fine. |
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