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Full Version: Council ticket + Hire car company = no appeal?
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
hardyc24
Hello all. Slightly different one here as I am not 100% sure where I stand. I looked on the forum about parking tickets to hire cars and none seemed to apply to my case. huh.gif huh.gif

Basically, back in February I came back to my hire car to find a parking ticket stuck to the windscreen. The yellow lines were faded and badly painted… no signage… so was a genuine mistake. Obviously given the state of the road markings I appealed and it was rejected. All correspondence was sent to my home address as that was what I provided. I emailed again requesting the Notice to Owner to be sent to me so I could appeal the decision and make representation (following the advice on this very website). However, what has happened is, despite the previous two letters being sent to my home and email, the notice to owner has gone to Enterprise. Not only have they slapped on a £25.00 (which is why I dealt with the council in the first place) but their policy is to pay the fine then invoice me! Annoying…

What I want to know is – where do you think I should go from here? Had I not have appealed in the first place and expressed in writing to the council that I wanted the NTO and to go down the representation route I would have understood. It seems very sneaky of the council to have acted in this way. Enterprise say they will refund me the money if the ticket is quashed, but I am still waiting to hear if I can even make Representation as the advice on this website suggests once it is paid liability is admitted?
Thoughts welcome…
Thanks
hcandersen
Don't blame the authority, blame Enterprise.

As the person who was served with a PCN you are able to challenge why the penalty should not be paid or to pay the discount. However, a PCN is NOT a demand for payment from you, the only formal demand goes to the owner in the form of a Notice to Owner and the authority are bound to issue this to the owner. You are not the owner and therefore you're out of the equation at this stage. However, if the owner is a hire company and you were using the vehicle under a hire agreement then they may shift the burden to you. But it's their choice, the authority must serve the NTO on them. And you chose a company that can't be bothered with the paperwork and so they paid and charged you. C'est la vie.

It's possible that their small print doesn't give them the right under their agreement to charge you, and if you want us to look at this we could. But forget the council.

In law, if the authority issued a NTO to you then you could make representations on the grounds that you weren't the owner and they would have to accept these! So not only are they not permitted to issue one to you, they'd be committing procedural suicide if they did.
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