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Marcveevers
Hello all,

Been a while since you all helped out on an older profile but Im back for more help.

After returning from holiday a week ago I opened a letter from Enterprise car rental demanding 65 pounds for a bus lane infringement when i had a courtesy car from them (30 pound fine 35 pound admin). The fine arrived through my door almost 1 year to the day of the alleged infringement. I say alleged because within the envelope there was not any evidence, no photo no original fine no copies of a fine either.

I have tried to ring the number on the letter several times but just end up on hold then ultimately cut off.

Is there any time scale as to when these big companies back charge you? As it happens the credit card they have on file has actually expired.

The only other thing in the envelope was a copy of letter from EQUITA which was contracted to reclaim the money from Enterprise. So they must have paid it and are trying to get it off me all these months later.

Thanks guys,Hope you can help.

Marc.
Mad Mick V
The legislation differs between London and elsewhere-----you are probably in the clear if it's a London contravention.

So where did the contravention take place?

A sight of the documents would be helpful.

Mick
Neil B
QUOTE (Mad Mick V @ Tue, 2 May 2017 - 14:55) *
-you are probably in the clear if it's a London contravention.

Can't be at that amount.
Mad Mick V
True.

If Equita is involved it must have gone past the Charge Certificate stage which makes you wonder what Enterprise have been up to.

Mick
Neil B
QUOTE (Mad Mick V @ Tue, 2 May 2017 - 15:01) *
True.

If Equita is involved it must have gone past the Charge Certificate stage which makes you wonder what Enterprise have been up to.

Mick

Yes I think so.

Need ALL docs to unravel, incl. the hiring agreement
(car club, for example, is different liability)
Marcveevers
It was in Newcastle. They are saying there system was at fault in delaying the ticket being sent to me. But saying I am still liable. Also they say the system is down so can't provide proof of ticket till tomorrow.

Am I legally liable still?
DancingDad
Weird.

It sounds like Enterprise c0cked up and didn't challenge the PCN, possibly they didn't receive it.
With Equita being involved and the discount rate being asked for, I assume that Enterprise went down the route of Stat Dec and Out of Time request to TEC and got the system set back to original PCN stage.
OR
Enterprise are accepting that they c0cked up and are only back charging you the original discount amount even though they may have paid out far more to the bailiffs.

You need to find out from Enterprise what stage the PCN is at and what happened, it may still be possible for them to challenge on car hire grounds and nominate you, then you get your own PCN and may be able to challenge. I suspect it may be a frequent place we see in Newcastle and reasonable chance of winning if you can get the PCN into your name.
If you cannot get the PCN into your name, there is no route for you to challenge the PCN.

Otherwise, argue with Enterprise.
Their T&Cs will likely allow them to pay and charge you for outstanding PCNs.
And to levy an administration fee.
But this does not mean they can simply ignore, not action or simply pay and then expect you to pick up the tab.
Get a copy of the T&Cs
Dig into the history and negotiate.
If they c0cked up, why should you pay for their errors?
Mad Mick V
If its Newcastle and a bus lane its probably John Dobson Street. If so have a read of the JDS threads on this forum--the Council actually refunded lots of PCNs because they c*cked up the signage.

The hire agreement is critical IMO since Enterprise can only pass on liability if it is watertight--often they are not. Someone will point you to the appropriate legislation.

Mick


Neil B
QUOTE (Marcveevers @ Mon, 8 May 2017 - 12:25) *
It was in Newcastle. They are saying there system was at fault in delaying the ticket being sent to me. But saying I am still liable. Also they say the system is down so can't provide proof of ticket till tomorrow.

Am I legally liable still?

No idea because you haven't given the info requested.
Marcveevers
Yeah John Dobson st was the one.

They said it was their system never sent the ticket to me in time soit escalated and they had to pay £193 on my behalf. I imformed them it was their own fault the price went up. They have agreed to wave the admin charge and provide proof of ticket if I pay them £30. The original fine amount. As I work over seas and am going away tomorrow I will accept that deal just to draw a line under it.

Thanks for your help again guys.
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