PCN - Rental car abroad driver for a paid parking stay...

[jipee]

Hi!

I'm a Canadian that just received a PCN at my Canadian residence for unpaid stay in a parking lot during my last vacation trip with a rental.
We can clearly remember that we paid the required fees with coins before leaving the lot in a machine that requested a license plate number to be entered.
Leaving the ticket on the dashboard of the car.

Now we clearly recycle the ticket as we we departed UK over a month and a half ago.

What are my options here?
100 pounds + 30 pounds for the admin fee is quite unreasonable for 8 pounds parking charge...

[ostell]

So you either ignore as they are not likely, and even cannot, take you to court for the amount. Out of the jurisdiction of the UK courts.

OR

I presume that with that notice there was no additional documents such as a copy of portions of the rental agreement and the original PCN to the hire company then send them:

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the hirer/keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to supply the additional documents mandated by section 14 (2) (a) of the Act. You cannot therefore transfer liability from the driver at the time to me, the hirer keeper..

There is no legal requirement to identify the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc.


Up to you what you do but sending that response may stop you getting a barrage of debt collectors notices.

For reference here is the legislation for this. Of particular interest is paragraph 14 which applies to the hirer of a hired vehicle.

[jipee]

Hi again,

After responding as per previous recommendation, I received this warm Christmas Eve letter from Premier Park.
See below.
I guess I should elect with option A, which is to ignore those letters since the UK courts do not have any jurisdiction in Canada.

Now here is my question:
What will happen when I return to England one day?

Thanks you in advance again

[ostell]

Which shows that they have failed to read your previous letter where you quoted POFA at them or they have read it and know they can't touch you as the keeper and want to frighten you into naming the driver. And misquoting in asking for a UK serviceable address.

What can they do when you return again? Nothing, you've done nothing illegal and will not be stopped at the port of entry. They can't start a court case with your Canadian address, and in any case you have the perfect defence of no keeper liability.

So, again, it's either ignore or an email suggesting that they actually take time out to read and comprehend your letter to see that you, as the hirer, have no liability and perhaps take the opportunity to actually read POFA on the link they so kindly provided. They may also care to learn that, despite their letter, POFA has no requirement for an English address for service.

Could be a source of amusement over the cold Canadian winter but not worth spending postage costs on.

Edit: Or you could be naughty and name your Canadian companion as the driver. Get them all of a tizzy.

[ploddertom]

Personally I would let them go all the way - they won't get any fees refunded - and no doubt be made to look stupid. It's about time some of these supposed professional parking companies shelled out for their errors - it's the only language they understand.

[jipee]

Thanks again!
Will opt for the ignorance path, as time is better spent elsewhere in winter around here....

I must say from my perspective, these parking companies are acting like school bullies from rich families....
I hope they meet their match someday.

[ostell]

Let's know if you get any more letters. Just out of interest.

[jipee]

Hi again,

This popped up this morning in the mail.
It's funny how the charge went from 100 to 60 pounds....

Also, it mentions that I am appealing, not sure to remember when I appealed...
Anyhow, I will maintain the same tactic which consist of not answering.

Will keep you guys posted,

[ostell]

Thanks. They really are stupid. Are they paying the correct postage?

[jipee]

I guess so, it's reaching my home in Canada....