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Hi,

I had an OPC parking ticket in May thi year and didn't pay it. Unfortunately I had a hired car at the time from Hertz which i rented through my company's hired car company, Leasedrive. OPC have obviously sent the ticket onto Leasedrive and they have paid the fine. They are now asking me to pay up including an admin fee of £55 + VAT!! Where do I stand in this situation as I had no notification from Leasedrive that they paid it or were requesting money off me, they only phoned me yesterday to ask if they could take the money off my card????

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The position is no different, say no to the lease company to deducting the money from you, explain the tickets are unlawful and that they paid them without your consent, therefore the sum paid is their liability.

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You need to write them a letter advising them that they have paid an unenforceable invoice, as only local authorities can issue penalties under law. Tell them, with regret, that you cannot reimburse them or pay their admin charge. Also remind them that their admin charge is over and above what it actually cost them to deal with the issue and you are also not liable to pay it as it is also an unfair penalty charge.

In future, advise them to forward any paperwork from private parking companies to the hirer instead of automatically paying. Express surprise that they do not appreciate the unenforceability of private invoices and say that you can only come to conclusion that they pay in order to gain £55 'admin charge'.

 

Do not give them your card details and expect a letter back where they go on about their 'terms and conditions'.

 

In reality, there is little they can do, short of taking you to small claims. That seems very very unlikely and you'd have an excellent defence even if they tried it on.

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I have moved your post to its own thread.

 

Although my circumstances were slightly different to yours, I sent a lease company this letter that you could use as basis:

 

'We are in receipt of your invoice dated x.

 

Initially, we do not accept that the OPC Penalty Notice dated 07 July 2007 ref. x is valid as set down in our letter dated x (copy enclosed).

 

Additionally, we are absolutely dismayed that you have raised the said invoice due to the unlawful actions of a third party, without even any consultation with ourselves and then to compound matters you advise that you intend to take payment by direct debit on the 16 August 2007.

 

Notwithstanding that we emphatically reject the Penalty Notice and vehemently deny you have any entitlement to any payment, how you arrive at a charge of £25.00 + VAT for simply placing a sticker on a letter and posting the same to us is wholly incomprehensible.

 

For the avoidance of any doubt, you are not authorised to deduct the said sum in August 2007 or in any subsequent months. We are sure that we do not need to remind you, in particular given that you are part of Lloyds TSB, that the direct debit guarantee prevents you from taking such a sum.

 

In the event you receive any further letters from OPC regarding unlawful Penalty Notices, then please do not forward them to us and charge us £25.00 + VAT for the privilege.

 

Please issue a credit note for your said invoice.'

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