Free Traffic Legal Advice

Hi all,

Received this letter from Enterprise following having had a courtesy car from them organised by the RAC in the week following a breakdown. Basically that TfL had given the car a fine for not having paid the silvertown tunnel toll charge.

In short, my recollection is the day I picked up this car I clearly remember having added this reg on my autopay account which normally of course has my broken down vehicle on it. I even remember seeing confirmation that it had been added. Of course not thought of keeping any kind of confirmation then, had done similar many times before with other hire cars etc. with no issues.

Following end of the rental recently received above letter. Luckily traced my steps through the week and worked out that no other times the tunnel was passed in it during charging times. However I am royally annoyed at this. I clearly remember setting it up as it was linked to waiting for someone and found a timestamp of my messages to them saying I had arrived (which is when I set it up as I knew I was now heading westbound into tolls etc. for the first time in this car), and more vaguely remember having taken it off when hire had ended.

Looked back at the history of vehicles though on the account and this one is missing. I'm convinced it was some sort of an IT glitch their end, and wanting to contest it (although I understand Enterprise will promptly pay it now at the discount and charge me for it), however I also understand when fines win on appeal/challenge they generally reverse the charge made to the customer.

My question is really about what I can do to get answers to what I think must've been an IT glitch. As I have timestamps of within half an hr of when I think I set it up, can I get some sort of investigation into it / compel TfL to furnish evidence of account activity during that short time frame (i.e. it would show me logging in and doing things/adding the car etc..) - maybe through an SAR or similar - what would yourselves think? Just incredibly frustrating if this is a TfL glitch and then TfL are trying to charge me for it.

Needless to say I am also questioning my sanity over it, but I could swear on everything I hold dear that I remember doing it..Have tried ringing the TfL Auto Pay helpline but once you've battled through the automated deterrent 'list of options' line just rang out/was busy, although I doubt that the  'helpline' can actually do much.

Hi Incadescent,

How do I phrase what exactly I need to ask Enterprise? No phone number so I'll need to email a specific inbox.

I.e. in addition to asking them what they plant to do with it, am I suggesting to them to hold off on paying it and wait for me to put in representations? If so do we have a plan on how to present the representation?

Have looked at the fine just now and is still not paid on the system, so I suppose I could directly intervene through there possibly with a representation???

Interesting update: When looking on the TFL website for this same reg it shows there was another one of these tunnel charges in April (Blackwall Tunnel) - YJ70635937. That said 'outstanding' which made me curious, when I went into it it says 'cancelled'...wonder if there is something dodgy going on with this reg?..

And assuming it arrived to me through Enterprise on the 9th but says was issued on the 2nd, that would mean at worst I have only till Thurs the 16th to get ahead of this!

Thanks

Hi Incadescent,

How do I phrase what exactly I need to ask Enterprise? No phone number so I'll need to email a specific inbox.

I.e. in addition to asking them what they plant to do with it, am I suggesting to them to hold off on paying it and wait for me to put in representations? If so do we have a plan on how to present the representation?

Have looked at the fine just now and is still not paid on the system, so I suppose I could directly intervene through there possibly with a representation???

Interesting update: When looking on the TFL website for this same reg it shows there was another one of these tunnel charges in April (Blackwall Tunnel) - YJ70635937. That said 'outstanding' which made me curious, when I went into it it says 'cancelled'...wonder if there is something dodgy going on with this reg?..

And assuming it arrived to me through Enterprise on the 9th but says was issued on the 2nd, that would mean at worst I have only till Thurs the 16th to get ahead of this!

Thanks

Until you have a PCN with your name and address on it, you can do absolutely nothing. If Enterprise pay the PCN, that's it, game over, because they have accepted liability as owner of the vehicle. We see lots of cases like your with hire companies who seem to be completely ignorant of the law relating to PCNs.

SO I suggest you check the conditions of hire of Enterprise, plus ask them why they are paying the PCN, instead of submitting reps naming you as hirer. Point out to them that by paying, they close off any possibility of you submitting representations against the PCN.