convert the 1st jpg to pdf please so we can zoom

I'd be getting back on to the leasing company and tell (not ask) them to get their act together, read the relevant sections of POFA and send a compliant notice to UKPC to transfer liability to you as the hirer.

And that if they decide to pay a non statutory invoice (do not use the words fine or charge) that they'll be doing so out of their own pockets as you will not be liable for it and that you're quite prepared to return the vehicle and cancel the lease due to their breach of their terms & conditions and thereby their breach of contract.

Call their bluff.

Thanks for all the advice. Here's the letter

covertedPDF.pdf

Don't think they can demand a letter of liability

The lease co. Did not enter into the game contract the driver did.

When they issue tickets for the same thing to private individuals and that person tells them they have got it all wrong and invite them to do their worst UKPC go quiet.

They are only pursuing this beacuse it is a lease car and they think ( with good reason ) the lease co will pay up regardless and the fight between them and the lessee is of no interest to them.

You must impress on the leasing co that there is no bill to pay and if they pay on yoru behalf and then try adding it to yoru contract you will be taking them to court so it will cost them more in the long run than telling UKPC where to go.

If UkPC want to name you (or whoever) as driver them let them. There is still enoug wrong with their signage at that site to fight this

Ok thanks for the advice, I’ve emailed the lease company using the wording you provided. So far they have not responded or acknowledged my email.

I sent a second email asking them to confirm receipt of email - nothing

then stop emailsng and send a letter written on cardboard so they think that is is important and actually open it.

I mailed the letter to lease company (as advised above).

I've received two letters yesterday - 1) from the lease company chasing my Brothers company for payment of the invoice £100 + £15 admin fee from them (i.e. my Brother's co. has the contract with the lease car co. but I was the driver) and 2) a letter to my Brother's company from UKPC directly chasing payment £100.

I will upload snapshots of the relevant docs for your review asap today.

1 May letter to Company no.1.pdf

Their letter is a copy and paste form letter. The wording makes it seem as if they think its a local authority that issued it. They prob dont care if its a private unenforceable invoice. its just a quick and cheap letter they throw out.

he can tell the lease co that as they gave his name and address out then 2 things are matters for them to consider.

Firstly, as it isnt a fine they are absolved from any liability under the POFA by naming him and therfore they no longer have an interest in the matter and they cant chage £15 for a non-event.

Secondly as UKPC have attempted to create a liability with him no-one should be contacting the lease co and to continue to do so breached the conditions of the POFA and that means they can sue UKPC for harassment and he will happily be a witness to this action and will claim his expenses for doing to as part of a costs order but should they pay up and claim the money from him he will sue them for breach of contract

Yes I don't think they care. They only seem interested in passing this on and claiming admin fees.

How should we proceed now and what is the precise wording I should use in my next letter?

Thanks in advance.

already been told, you tell the lease co thatno obligation to pay them a bean as it isnt a fine and no admin fee can be charged for not doing anything.

You dont need to engage with UKPC at all

Are the lease company allowed to pass on data to the PPC without consent. I do understand that they can for Penalty charge but surely not for a Parking charge?

they don't understand the difference so blindly do it

they dont CARE about the difference

Hi there, thanks for all the advice , my brother is drafting the letter to the lease company.

I checked the agreement with the lease company (i.e. about passing data and 'fines and contraventions') see attached for your review.

My brother is happy to allow me to fight this ..but is worried about impact to his company CCJ etc.

Do you see any issue with the agreement?

How can I reassure my bro?

Thanks again for your help.

Snip from agreement with Lease Company_Data_and_Parking Fines.pdf

No CCJ will ever happen if you follow the advice here.

Did you see section 15.3 - private parking co.'s? is this an issue.

says FINE liability these are NOT FINES nor PENALTIES

indeed. None of that applies to your friend. Ther is no fine. There is no penalty. just a speculative invoice.

they mention private parking companies- using what definition under the Road Traffic Act or other relevant legislation that apply to FINES. Even Companies House doesnt have a category for them so what are they exactly?

sloppy wording used as a get out by them doesnt make it an enforceable condition

ok thanks for explaining that.

Hi there

So my brother’s company have received another letter from UKPC dated 30 May saying that if the anmount is not paid within 14 days they will pass to debt collection agency ...followed by Country Court if necessary (oh dear this is sounding very scary now).

In addition to this - the lease company has take £18 via direct debit.

Then go get the £18 back by chargeback

a dca is not a bailiff

And have zero legal powers

And the dca cannot start any kind of legal action.