Author Topic: Chichester Council Rejected Driver Details from Hire Firm - Hire Firm paid PCN  (Read 560 times)

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Fine. I'll put the issue of what you describe as 'corporate rental' to one side for the present and await the docs.


Hi all,

Some news on this case.

I requested details of the notice of rejection and received the attached (nonsensical??) email.

They seem utterly clueless as to the specifics of the case and just seem to cut and paste stock responses to any questions I ask.

Am I right in thinking that their having paid the fine means I have no right of appeal ?

Thanks for your help
FF

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« Last Edit: May 27, 2025, 05:24:17 pm by FrenchFlyer »

This is the company with which you have a 'corporate rental'!

You do not have any rights of appeal to the authority because you are a legal stranger to proceedings. However, Enterprise say that 'We have provided you with a letter of authority which you are required to include with your written appeal correspondence (you are required to please print the letter if posting your appeal or add the document to your online appeal).'

Where is this pl? They cannot authorise you to deal with the authority on your behalf, only theirs.

Everything that Enterprise needed to relieve themselves of liability and give the authority the power to treat you as the 'owner' you should already have and could provide, namely:

(ii)the person hiring it had signed a statement of liability acknowledging their liability in respect of any penalty charge notice served in respect of any relevant road traffic contravention involving the vehicle during the currency of the hiring agreement; and,


(7) Where a recipient relies on the ground specified in paragraph (4)(d), their representations must state the name and address of the person to whom the vehicle was hired at the material time.


Yes, I signed a standard rental agreement with them as I do 3/4 times per month all over Europe.

The "liability for fines" clause is standard for all rentals.

Giving their rather cagey response about the notice of rejection, I imagine they either incorrectly filed representations, or sent them out of time.

In all fairness to Enterprise, I have been a loyal customer for many years and always found their staff in rental branches to be very efficient.

I think the people dealing with traffic tickets may not be quite so efficient.


I don't think they're being so much cagey as inept.

As advised the Notice to owner has not been dealt with at the time, therefore issuing agency reissued the fine to Enterprise. However, when the transfer of liability has been requested the issuing agency has rejected this as not personal details were
displayed due to GDPR reasons, by sending an Enforcement notice to Enterprise .

Pretty easy to put the meat on this:

By 'Notice to Owner at the time' they mean PCN on your car;

'not personal details were displayed due to GDPR reasons', is to misunderstand those and parking regs. By you signing their contract you would have agreed that your details could be shared with law enforcement and other entitled agencies in the applicable country. If they didn't, then that's down to them.

They won't provide you with the NTO because it's addressed to them!

Where's the letter of authority?
« Last Edit: May 27, 2025, 06:00:02 pm by H C Andersen »

I DID receive a copy of the original Notice to Owner from March (on request) but what Enterprise are refusing to provide are the details they gave to Chichester Council (strange, given they are mine!) and the notice of rejection in which Chichester Council apparently refused to transfer liability to me.

Attached the notice to owner.

They have also sent me a "letter of authority".



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Attached the letter of authority.

They mention transfer of liability (which according to other correspondence has already been refused!)



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If you are the president of a French company that has a corporate account with Enterprise - of whom you have been a loyal customer for many years - I think I'd be contacting whichever of their sales reps or agents deal with your corporate account and tactfully suggest to them that it might be a good idea if they sorted this mess out at no cost to you or your company...

Thanks for your reply.

Yes, I have already raised this with our business manager, if only to express my frustration at their rather opaque procedures.

So to summarise (as far as I can make out).

- A PCN was issued to the car I was driving in February

- On 14 March Enterprise received an NTO and emailed me to say they would be naming me as the hirer and I would hear from Chichester Council in due course.

- I heard nothing further until 23 May, when I got another email from Enterprise saying Chichester Council had "refused to transfer liability to me". This was presumably the Notice of Rejection (the reference number they give has a "/REJ" suffix)

Enterprise have provided me with a copy of the original notice to owner, but have refused to provide the information they submitted in response to it, and have also refused to provide the Notice of Rejection which would show (I should imagine) the reasons given for refusal.

Given that the time between the NTO arriving and Chichester Council making the rejection is well over 28 days, it seems logical to assume they either replied out of time, or didn't provide correct details.

When I queried both of these points I got a rather bizarre mish-mash of cut-and-paste stock replies and bizarrely-worded, sometimes nonsensical "arguments" about GDPR, although as mentioned previously, I don't really see how these apply given I had given them consent to provide my details to Chichester Council.

So after a few more bizarre email exchanges which went along the lines of...

Me: You paid the PCN already so I can't appeal. Please tell me why Chichester refused to transfer liability.
Enterprise (cut and paste): You can appeal directly to the issuing authority. We are not responsible for their procedures.

..and Enterprise just ignoring my question about why Chichester Council refused to transfer liability.

I finally got another email saying:

Quote
Good morning

Thank you for your email

Whilst we understand and appreciate your frustration in regards to this matter ,as mentioned in our last email, the Notice to owner has not been dealt with at the time (by you as the hirer), therefore the issuing agency had reissued the fine to Enterprise.
As advised  we have requested transfer of liability to reissue the fine in your name .

However the issuing agency have rejected transfer of liability as  the Notice to owner( a physical tikets on the windscreen ) first issued  has not been dealt with at the time.
If you are not happy with the outcome wish to file a complaint outside Enterprise, you can do so by contacting the BVRLA .
 
The contact details for the BVRLA are https://www.bvrla.co.uk/consumer-advice/making-a-complaint-adr.html

I hope this clarifies the matter and thank you for your patience during this time

They seem to be conflating the PCN with the notice to owner, and talk about the fine being "reissued" to Enterprise.

I'm toying with the idea of writing to the BVRLA in any case, just to get some clarity for other people who find themselves in a situation where the hire company just "rolls over", pays a PCN on rejection, and then refuses to provide any more information.