Oddly I did include the authorization letter that they provided me.@Savas this happens a lot because the Capita staff who deal with representation on behalf of TFL are all semi-retarded, if you just send the letter of authorisation again they will tick the box saying "LoA received" and process the case as normal.
To Whom It May Concern,
Please find attached an authorization letter by Avis Budget UK/ZipCar giving me authority to appeal this PCN to TFL. I understand that payment has been already made without any appeal, however I would kindly like to request that this representation is considered after explaining the situation and the mitigating circumstances that occurred.
On the 31/05/24 I rented a car with ZipCar and we had a toddler on board that suddenly became unwell and continued to cry for over 20 minutes without pause. Having difficulty understanding what the issue was, I was informed that we were required to stop and in need of and to find a pharmacy and a toilet. There seems to be no pay and display on this road and a long stretch of empty loading spaces that was within time of loading. Being unfamiliar with the area we located a Boots nearby and I saw a McDonnel's for our unwell child to go to a rest room so felt this was the best option. Just before my partner exiting the vehicle, finally getting a response and being able to communicate with our child, having confirmation toilet is not needed my partner opted to go to the Boots instead further. Feeling under stress I stopped, believing this was a situation that required fast unloading and a loading spot seemed appropriate. Being able to stop and use my phone I was then able to locate a left turn and also a petrol station closer to the boots, however after calling my partner and receiving no answer I was forced to stay in the bay further until they returned. This all happened without properly considering all factors and options.
I would kindly request that considering the circumstances a one of consideration is made which I can then forward to the hire company to proceed with.
Kind regards
Savas
Can I even challenge the TFL PCN after they have paid?@Savas well not really, in the sense that you can but TFL can either ignore you or send you a letter saying the matter is closed and no representations will be considered.
Hi Savas,
Thanks for your response. We apologise for the delay in getting back to you.
We take your comments into consideration and appreciate it is never a pleasant experience in receiving a PCN.
Please find attached an authorisation letter for you to discuss your case/dispute directly with TFL. Even though the PCN has been paid, they can still revoke it if they believe it has been issued to you incorrectly/unfairly. This is when we will be able to issue you a full refund. However, if they consider the PCN to have been issued to you correctly, no further action will be taken and the PCN will remain valid.
Kindly let us know the outcome once you have provided TFL with the attached letter, so we can then proceed accordingly.
Kind Regards,
Zipcar
What's your standing as a customer e.g. regular, first time?
@Savas as far as the zipcar case on pepipoo goes, we never heard back from the OP. We've actually never found anyone who could be bothered to sue the hire company, which is mostly why they get away with this nonsense.
Dear Zipcar,
Letter before action
I note you state that:
"The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to Zipcar and will be at Zipcar's absolute discretion"
With respect, this is not the case and any terms and conditions which purport to give Zipcar such absolute rights are unfair and invalid. The Consumer Rights Act 2015 provides a list of unfair terms in Part 2 of Schedule 1, and paragraph 20 of that schedule at https://www.legislation.gov.uk/ukpga/2015/15/schedule/2/paragraph/20 provides as follows:
A term which has the object or effect of excluding or hindering the consumer's right to take legal action or exercise any other legal remedy, in particular by—
(a) requiring the consumer to take disputes exclusively to arbitration not covered by legal provisions,
(b) unduly restricting the evidence available to the consumer, or
(c) imposing on the consumer a burden of proof which, according to the applicable law, should lie with another party to the contract.
Section 62(1) of the Act provides that "An unfair term of a consumer contract is not binding on the consumer", therefore as your purported term has the effect of excluding my right to appeal the penalty charge to the independent tribunal, the term is unfair and invalid under the Act. An Act of Parliament takes precedence over your terms and conditions.
You also say that "This charge has been issued correctly, thus we are unable to refund it", but again with respect this is not your decision to make, nor is it a decision for the issuing authority. Only London Tribunals has the authority to decide whether a penalty charge notice is issued correctly, you are not the tribunal and you are simply not qualified to decide whether the charge was correctly issued or not.
You were not required or under any legal obligation to pay anything as you could have made representations to the issuing authority, if you decided this was more hassle than it was worth that was your commercial decision but that has nothing to do with me and I should not have been charged for this decision.
If you had made representations to the enforcement authority requesting a transfer of liability then a new penalty charge notice would have been issued to me and that would have been the end of your involvement. As you have deprived me of any avenue of appeal to the tribunal, I'm afraid that was ZipCar's decision to do so, not mine.
In consideration of the circumstances, I would have hoped ZipCar would be understanding of the situation and at least have redirected the PCN to me after giving me a chance to explain, as per your website information (https://support.zipcar.co.uk/hc/en-gb/articles/115008239608-Traffic-Violations) which mentions "If we can, we will redirect the violation to you", as it is clearly the case regarding this PCN could have been redirected, which would have allowed me to appropriately challenge, removing any involvement of ZipCar and with all due respect, 'If we can..' is not similar to 'in our absolute discretion'. Being a customer who has rented your vehicles quite a few times and loyal customer, I believe I should have been given the courtesy to appeal this PCN.
If you do not issue a full refund within 14 days, I will issue county court proceedings against you.
Yours faithfully,
Savas
Dear Savas,
Thank you for your email.
Allow me to clarify that as per the member contract that you agreed to via using our service this states - 11.1 You are responsible for any traffic violations incurred during your reservation or as a result of your use of a Zipcar vehicle. & 11.4 Where a violation, incurred during the Member's reservation period or after it as a result of failure to adhere to parking regulations, is sent directly to Zipcar, Zipcar will either pay the penalty/fee on behalf of the Member and then add the penalty/fee to the Member's account - The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to Zipcar and will be at Zipcar's absolute discretion.
This charge has been issued correctly, thus we are unable to refund it.
We have reviewed the PCN and are satisfied that this fine is valid and have been issued correctly. At this stage, there's no further actions we take regarding this matter. As the fine have been settled with the issuing authorities and the costs applied to your account, both the issuing authorities and we at Zipcar consider this matter resolved.
Kind regards,
The Zipcar Team
Hello
On the 31/05/24 I rented one of your vehicles, however unfortunately on the 13/06/24 I received an email stating "Heads up, you’ve received a moving violation." with an attachment with a PCN. I have also been charged £95 by Zipcar.
As per the PCN letter and TFL online web page, I had the ability and right to challenge the PCN, however Zipcar has paid the PCN on the 10th and informed me on the 13th, removing the ability to appeal/challenge.
As per Zipcar's linked "violations policy" page:
https://support.zipcar.co.uk/hc/en-gb/articles/115008239608-Traffic-Violations
Which states "If we can, we will redirect the violation to you. If we can't redirect it, we will pay the fine, along with any late fees and bill the total to your account, provided that there are no grounds to appeal."
As per my attachment screenshot, the TFL website clearly allowed me to challenge the PCN and I believe I had grounds for appeal. Zipcar could have redirected it to me. The TFL link to challenge now gives an error and no longer works because the charge was paid. Paying is seen as admitting the ticket was right.
I can understand that your fee of £15 is clear regarding forwarding me the penalty charge, however paying the charge before allowing me to see or challenge does not correspond with the policy stated up and is unfair.
We had a none stop crying toddler and an emergency to stop was needed. Being unfamiliar with the area, and no pay and displays visible, I could not use my phone and felt it was the best place to stop. There was the ability to stop for a maximum of 20 minutes for loading and unloading. TFL also allows for challenging PCN's on mitigating circumstances and can make discretion, however this was not done.
I feel this is not fair how Zipcar have handled this.
Attached:
screenshot of their policy on their page zoomed in sections "Can I dispute it?" and "What happens if I receive a ticket after my reservation has ended?"
screenshot of TLF page showing payment done and "challenge" button.