Free Traffic Legal Advice

Here are the T&Cs that I received in my contract email.

Only relevant bits from it seem to be:

"4. Renter's Main Obligations

(a) Renter is required to:

....

(viii) pay any administrative fines, fees, charges, costs, penalties, or other fines that are imposed, issued or incurred in connection with the Renter's usage of the Vehicle during the Rental Period (including usage of the Vehicle by Authorised Drivers or other third parties who are permitted by Renter to use the Vehicle), such as fines or fees for illegal parking or speeding, non-compliance with bus lane, congestion charges, tolls or violations of the rules of the highway or traffic offence or contravention in any country, in all cases, and not caused by Owner;"

&

"5. Rental Costs and other Charges; Additional Services

...

(d) Renter shall pay to Owner:

(i) any amounts not paid by Renter in accordance with section 4(a)(viii);

(ii) an administration fee of up to £45 for rentals originating in the UK and up to €35 for rentals originating in Ireland for processing any fines or offences against the Vehicle, Owner, Renter, any Authorised Driver or any other person Renter permitted to use the Vehicle during the Rental Period, unless caused through Owner’s own fault;"

So I should take that to mean pretty clearly that 'I' am liable to pay any toll charges or fines relating to it to the issuing authority (rather than them), and only then am liable to pay the the owner if I haven't done so?

Also just for people that've been responding, as the PCN is accessible online, can I just not go in and appeal. As the enterprise letter (linked in OP) also says "To appeal this fine, please present this letter directly to the Issuing Agency. Please accept this document as confirmation that Enterprise Rent-A-Car authorise the issuing agent to communicate directly with the nominated person in relation to the notice issued during the vehicle hire period."

Of course then in the beginning paragraphs it contradicts the latter part of the letter by saying
"Enterprise has paid for this violation/offence promptly in order to avoid additional penalties, and in turn, require full reimbursement for these charges."

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.

We have a result!

Just had this email through - thanks b789 for all your help

"Dear X,
 
We act for the Claimant in the above matter. 
 
Our client has instructed us to discontinue Court proceedings and close our file. Therefore, please find enclosed the Claimant’s N279 Notice of Discontinuance for your records. 
 
The attached has also been filed with the Court.
 
We will now proceed to close our file accordingly.

Kind Regards,
 
X
Trainee CILEX Paralegal
DCB Legal Ltd"

So above conversation was with the number ending in 5577.

Number 02089728709 seems to be engaged/busy and immediately dropping when called (no answering phone/automated/waiting line). Tried couple of times.

Number 02083334370 rings for about 5 minutes, no one picks up, then hangs up by itself.

Can keep trying them though every now and then till 5pm.

It seems that by 4pm on 13/05/25 both parties need to submit WS.

Hi all,

As per this previous post, I think I need to put in a WS by CoP tomorrow (13/05/25).

Although b789 had previously advised me to send the court a letter as per his later post, I did so on 25/4/25 with the claimant solicitor copied in, but haven heard back from court or them regarding it.

I've just noticed (also having returned from being away) that it says on b789's signature that he/she is away for a couple of weeks from 07/05 - could anyone else please advise what should go in the WS now?

Would be much appreciated and many thanks in advance.

Hello again,

So as discussed, email with letter sent on 25/04 (this week) to court and the solicitor from DCBL Legal.

I got a call from my relative this morning that a lady (so potentially the named solicitor?) from 'DCBL or something' had rang him this morning, saying they wanted to speak to him on an important legal matter, and for him to answer some security questions. He claimed it wasn't convenient as he was driving at the time (which he was) so they asked him to call them back later when convenient. I asked him to send me the phone number he got a call from, it was +441606539160 - looking it up online some people claim its a scam, others do say it was DCBL Legal.

Question then - does he call back (bearing in mind there'll also be a language barrier on any legal detail) - and if so, how much does he say - and/or would not engaging with DCBL Legal be looked at unfavourably by court? For now I've asked him if they ring again to not get into anything and just ask them to just send an email with any updates/questions they have. I suppose she might've also been trying to gauge his eloquence/language barrier/litigation skills from the call?

Guidance would be appreciated.

Thanks b789 - I will try to fully share everything from court from this point on, it was just my ignorance..

I suppose I might be also able to infer in the letter that while DCB Legal had told me what PoC they were filing, the recent court paper was my first indication that it had been accepted by court (didn't know if you wanted to mention anything about that in there?)

In any case, do I attach what you've provided as a pdf letter sent in an email to 'enquiries.kingston.countycourt@justice.gov.uk' ? Do I need to copy in DCB Legal or anything like that?

I'll be on it as soon as I hear your reply, thanks once again.

Apologies if I misread when to communicate here (I just thought I'd rather hassle yourselves only when there was a next step to take for us) - will be more regular from now.

As mentioned in above post, court letter received a few months back (i.e. dated 07/01/25) was for CLAIMANT to file particulars of the claim by 4pm 14/01/25. I received an email from DCB Legal on 13/01/25 with their particulars of claim (link in post above), with a note to say that they have filed it with the court.

Next (recent) comms from court are as in above post.