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#Post#: 72934--------------------------------------------------
Chichester Council Rejected Driver Details from Hire Firm - Hire
Firm paid PCN
DIR By: FrenchFlyer
Date: May 23, 2025, 8:09 am
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Hello to all,
Quick overview of my situation :
In February I received a PCN for parking in a suspended bay in
Chichester.
The first I knew of it was an email from the car rental company
(Enterprise) in March, informing me they had received a notice
to owner and would be naming me as the hirer.
Fast forward to yesterday, and I get another email from
Enterprise stating that Chichester Council "refused to transfer
liability to me" and had issued a charge certificate, which
Enterprise had since paid.
I would add that I live in France.
Presumably, this extinguishes all possibility of my appealing
the ticket? As far as I can see, it does, but Enterprise state:
--- Quote ---
> Should you wish to appeal, you will still have the opportunity
to do so, however please let us know so that a letter of
authority can be issued to you providing our permission to
liaise with the issuing authority whilst the fine remains in our
name.
--- End Quote ---
Thanks for your help.
#Post#: 72943--------------------------------------------------
Re: Chichester Council Rejected Driver Details from Hire Firm -
Hire Firm paid PCN
DIR By: H C Andersen
Date: May 23, 2025, 9:25 am
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Enterprise are idiots, but there we are!
I would add that I live in France.
Pl expand.
You hired the car in the UK;
The address you gave was your address in France or not?
Your driving licence is French or international?
Or?
In any event, if the authority did not treat you as the
owner(transfer liability to the hirer)then they refused those
representations from Enterprise who were therefore put on notice
in a Notice of Rejection that they had to pay the penalty or
appeal or risk the penalty increasing by 50% and a CC being
issued.
When did they contact you? Do you know the date of the CC?
A CC has a time limit of 14 days, so in whatever time remains
the chances of them bringing you into the game(i.e. give you
standing to act on their behalf) are v. slim IMO.
#Post#: 72955--------------------------------------------------
Re: Chichester Council Rejected Driver Details from Hire Firm -
Hire Firm paid PCN
DIR By: FrenchFlyer
Date: May 23, 2025, 10:27 am
---------------------------------------------------------
Thanks for your reply.
It was a car rented from the UK.
My French address was on the hire contract (I don't have any
other address).
What I don't understand, is on what grounds the Council would
refuse to recognise me as the hirer, given my address was
provided and it is one of the statutory grounds for making
representations?
#Post#: 72968--------------------------------------------------
Re: Chichester Council Rejected Driver Details from Hire Firm -
Hire Firm paid PCN
DIR By: stamfordman
Date: May 23, 2025, 11:01 am
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They can't pursue you abroad although they can set a useless
debt collector on you.
Whether they are entitled to refuse the reps I don't know.
#Post#: 72977--------------------------------------------------
Re: Chichester Council Rejected Driver Details from Hire Firm -
Hire Firm paid PCN
DIR By: Daim456
Date: May 23, 2025, 11:33 am
---------------------------------------------------------
Enterprise should has gone to the Tribunal stating there is a
statutory ground to transfer the liability to you, they may get
costs awarded in their favour as the Council may be wholly
unreasonable.
However it is not your problem as you cannot make
representations if it is not in your name, Council will not
accept your representation unless it is in your name due to
GDPR.
#Post#: 72992--------------------------------------------------
Re: Chichester Council Rejected Driver Details from Hire Firm -
Hire Firm paid PCN
DIR By: MrChips
Date: May 23, 2025, 1:46 pm
---------------------------------------------------------
You don't state explicitly but I assume Enterprise are looking
to pass the cost on to you (plus an admin fee?).
Whether the council had the right to refuse to transfer the case
to your name I do not know, but either way Enterprise should
have a duty of care to you and if they were going to pay it they
should have done it before it reached Charge Certificate stage.
#Post#: 73015--------------------------------------------------
Re: Chichester Council Rejected Driver Details from Hire Firm -
Hire Firm paid PCN
DIR By: FrenchFlyer
Date: May 23, 2025, 3:26 pm
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Timeline :
6/2/25 Date of alleged Offence
12/3/25 NTO sent to Enterprise
22/5/25 : Email received saying "enforcement notice received"
and payment made
I was first notified just after they received the notice to
owner (see photo) where they clearly state "Enterprise will not
pay this charge".
I subsequently received a further email yesterday where I was
informed that they had paid it.
On querying why it had been paid, they stated they had received
an "enforcement notice" which I assume was the Charge
Certificate (see email response).
What seems nonsensical to me is that despite them having paid,
they still state I can appeal (which is not the case, as I
understand it).
[attachment deleted by admin]
#Post#: 73019--------------------------------------------------
Re: Chichester Council Rejected Driver Details from Hire Firm -
Hire Firm paid PCN
DIR By: H C Andersen
Date: May 23, 2025, 4:09 pm
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6/2/25 Date of alleged Offence
12/3/25 NTO sent to Enterprise
What did you do with the PCN on the car you'd hired?
Enterprise are idiots, but as regards parking legislation I
don't think this helps you.
You have led us astray with references to a CC. Enterprise have
paid the penalty at the full rate following receipt of the
authority's Notice of Rejection which presumably did not
re-offer the discount*.
From the regs:
"enforcement notice”, other than in regulation 35, means—
(a)
a regulation 10 penalty charge notice, or
(b)
a notice to owner;
We don't know which because you've not told us how a PCN was
served on the vehicle, if indeed it was.
If a NTO, then there's no CC as their email makes clear.
So, to reset this matter there is no 14-day time limit and CC.
But before going on, tell us what you did with the PCN.
*- get a copy of the NOR from them.
#Post#: 73020--------------------------------------------------
Re: Chichester Council Rejected Driver Details from Hire Firm -
Hire Firm paid PCN
DIR By: FrenchFlyer
Date: May 23, 2025, 4:18 pm
---------------------------------------------------------
Yes apologies for my mixing up of terminology, there is no
reference to a charge notice, only a NTO dated 12 March (I have
a copy) and an "enforcement notice" (referenced in
correspondence but not yet seen).
However, when I try to login to the Chichester Council website,
I get a message saying "it appears a charge certificate has been
issued".
If there was a physical PCN on the vehicle I have no
recollection of seeing one, the first I heard was the email from
Enterprise after the NTO arrived.
#Post#: 73037--------------------------------------------------
Re: Chichester Council Rejected Driver Details from Hire Firm -
Hire Firm paid PCN
DIR By: H C Andersen
Date: May 24, 2025, 1:33 am
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A NTO is an 'enforcement notice' whereas a CC is not. It might
also be that Enterprise have used the term in its general sense,
who knows?
It's possible that the penalty has been paid by them after
receipt of the NTO....but paid late, hence the CC.
This is all speculation.
As it stands, what are your losses i.e. have they debited a sum
from your account?
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