PrivateEye PCN and hire car

[grudge]

Hello,
Forgive if this has been covered elsewhere.

Whilst hiring a car I was unknowingly issued with a PCN by PrivateEye in Aldi cark park, Pocklington. I have been away on holiday and the first I knew of this was when I returned home yesterday to discover a letter from Enterprise informing me of the so called 'offence' and stating that they have passed my details onto PrivateEye. The parking violation took place on 30th May, Enterprise received the notification and sent back my details on 13th June. As of this morning (7th July) I have not received anything from PrivateEye. Are they still legally within time limits to chase me up with this notice. I am very concerend as I am going away again next week for a month and am unsure what to do if one should arrive while I'm away.

Any advice would be gratefully received, thank you!

[ostell]

Re: PrivateEye PCN and hire car

Ian Hislop would be interested!!! I presume you mean Parking Eye. Yes, wait till the Notice to Hirer/Keeper arrives. When this arrives then contact Aldi and complain that a paying customer is being asked to pay for parking. Can you show you bought something? Or, as you are going away use the copy sent by the Enterprise but do not mention who was driving.

There is a longer time frame for a hirer to receive a Notice. The maximum can be calculated by reference to POFA. What must be included with the notice is specified in POFA (13) (2), often forgotten.

[charitynjw]

Re: PrivateEye PCN and hire car

There is a longer time frame for a hirer to receive a Notice. The maximum can be calculated by reference to POFA. What must be included with the notice is specified in POFA (13) (2), often forgotten.

Sch 4?

[grudge]

Re: PrivateEye PCN and hire car

Oh heck, ostell, yes I mean Parking Eye....sorry, how embarrassing!

Thanks for your reply, I've read and tried to understand the POFA (13) (2), I have spoken to Enterprise and they have sent my hire agreement on to Parking Eye on 13th June. however I've read on and seen POFA 14

14

(1)

If—

(a)

the creditor is by virtue of paragraph 13(2) unable to exercise the right to recover from the keeper any unpaid parking charges mentioned in the notice to keeper, and

(b)

the conditions mentioned in sub-paragraph (2) below are met,
the creditor may recover those charges (so far as they remain unpaid) from the hirer.

(2)

The conditions are that—

(a)

the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper;

(b)

a period of 21 days beginning with the day on which the notice to hirer was given has elapsed; and


Am I correct in understanding that Parking Eye have 21 days to forward the notice on to me after they receive the details from Enterprise?

Sorry charitynjw, I'm not sure what you're referring to, I'm a beginner at this, could you explain a bit more what you're referirng to please.

Thanks

[charitynjw]

Re: PrivateEye PCN and hire car

Lol

I was just being pedantic.
The ref 13(2) is in Schedule 4 PoFA 2012

[grudge]

Re: PrivateEye PCN and hire car

lol charitynjw.....you're not related to my husband are you!

Thanks, that's the one I'd found

[charitynjw]

Re: PrivateEye PCN and hire car

It would also be an idea to get a copy of the Notice to Keeper from Enterprise.
I had a little contretemps with my local police force a while back over an alleged speeding claim in an Enterprise hire vehicle.
I proved that the Notice of Intended Prosecution was served out of time, the police dropped the charge & they even paid Enterprise the £35 admin charge which Enterprise were asking me for. (Per their T&Cs).

[ostell]

Re: PrivateEye PCN and hire car

I'm so used to just saying POFA for parking. Yes, schedule 4, as here Yes requesting a copy of the original Notice to Keeper may help.

Enterprise will probably have charges you £35 for sending your details to PE and you the copy. Check their conditions for when they can charge you this. If it's for fines and penalties then it's neither of them, purely a speculative invoice. But that's for later.

[grudge]

Re: PrivateEye PCN and hire car

Thanks to you both for your advice....just waiting now to see if and when something arrives in the post, I've got a family member coming in to check the post for me and I'm now armed with various methods to fight this! I appreciate your help.

[ostell]

Re: PrivateEye PCN and hire car

Yes, PE do have a time to resend a NTK to you after receiving the response from Enterprise. There is a time limit but you have to add up all the different times to get the absolute number.