3. Bailiff stages - Islington council/Enterprise Car rental
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Bailiff stages - Islington council/Enterprise Car rental
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I have been a loyal Enterprise Plus account holder for many years and I have rented many cars over those years.

I received a BW legal to my email address asking for £200. I could not understand what this amount was for as I have had no communication from Enterprise Plus in months, and have not rented a car since November. I eventually found a citation email in junk emails. This was sent on 11.02.2025 and is the first and only notification I have had from Enterprise regarding two parking fines from August 31st 2024.
I verified these fines on the Islington council website and they were paid for by Enterprise.
Is this normal for a council to be able to send out traffic citations 5 months after they occurred.?

I would also like to point out that renting cars from Enterprise is a significant treat for me and my two kids, we do not have access to a car apart from through their rental service. We live on a tight budget and are recipients of Universal Credit, and I sent Enterprise a copy of my last payments as proof.
Lastly I have just had all my data erased from Enterprise’s system after I closed down my Enterprise Car Club account, and have lost all my loyalty points, which would have equalled a days rental. After all this I am now reconsidering if I will sign up for a new account with Enterprise.
I am really upset with all this, and having to deal with the legal letters from BW Legal , and after such a long time is very stressful.

Just to reiterate that the contraventions happened on the 31/08/24, and I only received one email on the 11th of February this year and then I started to receive the BW Legal letters regarding the fines. This continues to be a significant source of stress as I have financial difficulties.

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Re: Bailiff stages - Islington council/Enterprise Car rental
« Reply #1 on: »
Enterprise paid both PCNs at discount of £65. They charge an admin fee of £35 for processing a PCN. So two PCNs = £200 which presumably you owe them - did they not try and charge your card?

This is between you and Enterprise so not something we deal with here as there is no open PCN.

You don't have a bailiff on your case as such I think just a debt collector.
« Last Edit: April 28, 2025, 09:26:09 pm by stamfordman »
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Re: Bailiff stages - Islington council/Enterprise Car rental
« Reply #2 on: »
Thank you that is correct. However the query which I was recommended to post here, is whether Islington council is authorised to issue tickets 5 months after they occurred.
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Re: Bailiff stages - Islington council/Enterprise Car rental
« Reply #3 on: »
These PCNs were moving traffic issued under the London Local Authorities and Transport for London Act 2003.

https://www.legislation.gov.uk/ukla/2003/3/section/6/enacted

Schedule 1:
https://www.legislation.gov.uk/ukla/2003/3/schedule/1/enacted
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Re: Bailiff stages - Islington council/Enterprise Car rental
« Reply #4 on: »
Are you sure you're quoting the right regulations ?

https://www.legislation.gov.uk/uksi/2022/71/regulation/32/made
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Re: Bailiff stages - Islington council/Enterprise Car rental
« Reply #5 on: »
It isn't clear (to me) where the delay is originating from. Could it be that Enterprise have sat on this for a few months before chasing up the customer? Seems unlikely, but it would also be unlikely (albeit not unprecedented) for an Authority to wait half a year to issue a PCN.

I note the letter from Enterprise also claims the customer can still appeal the "fine" by taking the matter up with the Authority.
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Re: Bailiff stages - Islington council/Enterprise Car rental
« Reply #6 on: »
Yes it seems Enterprise are passing on the fine they received in February from Islington council. I have been in touch with them and it appears they sent it out in arrears- due to a backlog.
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Re: Bailiff stages - Islington council/Enterprise Car rental
« Reply #7 on: »
Apologies, who sent it out in arrears? Islington to Enterprise, or Enterprise to you?
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Re: Bailiff stages - Islington council/Enterprise Car rental
« Reply #8 on: »
https://islington.tarantoportal.com/PCNs/PCN/ViewImages

OP, for one of the PCNs the car is seen to drive past a 'No Motor Vehicles' sign, similarly for the other. The website states that the PCNs are closed.

As more than 28 days have elapsed since the PCNs were served, the authority may disregard anything you might submit.

On the face of it, I don't know what you could do to get Enterprise off your back other than pay. Their letters (Feb.) refer to taking the money from your card, did this not happen?
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Re: Bailiff stages - Islington council/Enterprise Car rental
« Reply #9 on: »
I may be wrong but hasn't @cp8759 put forward the argument in the past that any term in a hire agreement that allows the hire company simply to pay fines and to pass the cost on without transferring liability is an unfair term under Part 2 of the Consumer Rights Act 2015?  See https://www.legislation.gov.uk/ukpga/2015/15/contents

So if the OP's contract with Enterprise contains such a term and it is deemed unfair, Enterprise cannot enforce payment against the OP.

And if the contract doesn't contain such a term, how can the OP be liable for payments Enterprise made without authority?

I'm not saying that my interpretation of the law as expressed above is correct, but I'm pretty sure @cp8759 has previously advanced a similar argument.


(The unfairness element lies in Enterprise - by paying the fines - preventing the OP from exercising her legal right to challenge them.  As I say I don't know if that argument is right or not but I'm sure CP has suggested it before)
« Last Edit: April 29, 2025, 03:54:08 pm by ManxTom »
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Re: Bailiff stages - Islington council/Enterprise Car rental
« Reply #10 on: »
Islington. The contraventions happened on 31/08/24 and I received a notification 11/02/25.
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Re: Bailiff stages - Islington council/Enterprise Car rental
« Reply #11 on: »
If Islington took almost 6 months to issue the PCN to Enterprise, surely that's not enforceable and Enterprise should not have paid it?

Quite possibly academic now if they've coughed up, but could possibly be additional ammunition if the OP wanted to argue with Enterprise that they shouldn't be liable.
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Re: Bailiff stages - Islington council/Enterprise Car rental
« Reply #12 on: »
There's no reason to think Islington didn't issue the PCNs in the 28 day limit. Enterprise probably processes 1000s of PCNs and has just been late with the paperwork.

OP - if you're renting again you must learn what these signs mean!

« Last Edit: April 29, 2025, 06:11:43 pm by stamfordman »
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Re: Bailiff stages - Islington council/Enterprise Car rental
« Reply #13 on: »
OP replied to my question to confirm delay was with Islington, not Enterprise.
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Re: Bailiff stages - Islington council/Enterprise Car rental
« Reply #14 on: »
Quote from: Coolmoon on April 28, 2025, 08:52:17 pm
I would also like to point out that renting cars from Enterprise is a significant treat for me and my two kids, we do not have access to a car apart from through their rental service.
Well that's the key issue, at the end of the day are you willing to litigate against Enterprise over this?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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