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#Post#: 69090--------------------------------------------------
Bailiff stages - Islington council/Enterprise Car rental
DIR By: Coolmoon
Date: April 28, 2025, 2:52 pm
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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.
[attachment deleted by admin]
#Post#: 69097--------------------------------------------------
Re: Bailiff stages - Islington council/Enterprise Car rental
DIR By: stamfordman
Date: April 28, 2025, 3:24 pm
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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.
#Post#: 69137--------------------------------------------------
Re: Bailiff stages - Islington council/Enterprise Car rental
DIR By: Coolmoon
Date: April 29, 2025, 1:47 am
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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.
#Post#: 69159--------------------------------------------------
Re: Bailiff stages - Islington council/Enterprise Car rental
DIR By: stamfordman
Date: April 29, 2025, 4:20 am
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These PCNs were moving traffic issued under the London Local
Authorities and Transport for London Act 2003.
HTML https://www.legislation.gov.uk/ukla/2003/3/section/6/enacted
Schedule 1:
HTML https://www.legislation.gov.uk/ukla/2003/3/schedule/1/enacted
#Post#: 69165--------------------------------------------------
Re: Bailiff stages - Islington council/Enterprise Car rental
DIR By: fraser.mitchell
Date: April 29, 2025, 4:48 am
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Are you sure you're quoting the right regulations ?
HTML https://www.legislation.gov.uk/uksi/2022/71/regulation/32/made
#Post#: 69167--------------------------------------------------
Re: Bailiff stages - Islington council/Enterprise Car rental
DIR By: MrChips
Date: April 29, 2025, 4:57 am
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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.
#Post#: 69168--------------------------------------------------
Re: Bailiff stages - Islington council/Enterprise Car rental
DIR By: Coolmoon
Date: April 29, 2025, 5:00 am
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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.
#Post#: 69169--------------------------------------------------
Re: Bailiff stages - Islington council/Enterprise Car rental
DIR By: MrChips
Date: April 29, 2025, 5:02 am
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Apologies, who sent it out in arrears? Islington to Enterprise,
or Enterprise to you?
#Post#: 69210--------------------------------------------------
Re: Bailiff stages - Islington council/Enterprise Car rental
DIR By: H C Andersen
Date: April 29, 2025, 8:57 am
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HTML 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?
#Post#: 69219--------------------------------------------------
Re: Bailiff stages - Islington council/Enterprise Car rental
DIR By: ManxTom
Date: April 29, 2025, 9:52 am
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I may be wrong but hasn't [member=1]cp8759[/member] 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
HTML 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 [member=1]cp8759[/member]
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)
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