Brittania Parking PCN - lease company have paid it !!

[linz2011]

Hi 

I lease my car and I have just received a letter from the lease company saying they have paid a PCN that was issued on 5th November for parking in a supermarket car park. 

I was not notified by a ticket on my car so did not have the opportunity to appeal this. However, the lease company think I can still appeal this and wondered if someone could offer any guidance on this?

 

Thanks

[honeybee13]

Hi.

 

Do you have any paperwork on this? If so, could you post up anonymised copies please?

 

HB

[dx100uk]

the lease company have no legal right to pay this

it is NOT A FINE or a penalty charges notice.

 

dx

 

[linz2011]

Is there anything I can do - or is it dead in the water as it has been paid.  We are also been charged £35 admin fee from lease company 

 

paid pcn.pdf

[brassnecked]

The Lease company had no right to pay it, nor add the fee, as it's not a council PCN or a Police penalty.

[linz2011]

Is there anything I can do?

 

[dx100uk]

how have the lease company gotten the money out of you?

 

its not in their T&C's that they can do this.

 

go find the bit they are relying upon to do this

 

bet it says nothing about private parking charges, only Penalty charge notices i'e parking FINES

this is not a fine, its a speculative invoice because you supposedly broke some kind of imaginary contract by entering that private land.

 

teach them the diff!!

 

dx

 

[linz2011]

4. Depending on the Local Authority or Private Parking Operator, the Lessor shall either pay the fine or parking charge notice and re-charge the Lessee or shall advise the Local Authority or Private Parking Operator that the Vehicle is on lease to the Lessee so that it can deal with the Lessee direct on the matter

 

. Indemnify the Lessor against all fines penalties and liabilities imposed on the Lessor or arising in respect of any non-compliance or contravention of any transport traffic or other law or regulation which occurs at any time during the continuance of this Hire Agreement together with any cost or expense relating thereto incurred by the Lessor including (but not limited to) payment to the Lessor of an administration expense of GBP 35.00 in respect of every fixed penalty parking ticket in respect of the Goods received by the Lessor whether or not paid by the Lessor

 

 

These are two clauses which relate to parking tickets

[dx100uk]

well in their own words it is NOT a fixed penalty parking ticket

they obviously know the difference as they list them separately...

pay the fine or parking charge notice

 

so they have not only broken their own T&C's

they have entered into a contract with the private parking company when there is no contract for them to even enter into as they were not there and were not THE DRIVER. they need to READ the speculative invoice carefully

they should be naming the driver ONLY as they are ONLY the registered keeper

 

moneyback please ..how did they get the money from YOU. 

 

[linz2011]

They have not got any money from me - I just received an invoice from them saying they had paid the parking charge and added a £35.00 admin fee

 

[dx100uk]

good great

 

so now you tell them the above.

 

particularly..

they have entered into a contract with the private parking company when there is no contract for them to even enter into as they were not there and were not THE DRIVER. they need to READ the speculative invoice carefully

they should be naming the driver ONLY as they are ONLY the registered keeper

there is no legal remit that as the RK they must or could be held responsible for it remaining outstanding once they inform the private parking fleecers of the name/address of the driver.

 

politely suggest they go get their moneyback, remove the £35 bogus unlawful fee from your account and do what they should only be doing for speculative invoices.. and that is to inform the company of the driver details.

[linz2011]

Thanks so much

 

[ericsbrother]

no penalty and no keeper liability . If thye had passed on the NTK and you had told the lease co you arent engaging with the parking co then the first part of that term may allow them to recover the money from you once paid. they didnt pass the charge notice on so they are in breach of the terms and anyway, no mention of any admin fee for anything that isnt a FPN so they cant charge that either

[linz2011]

response from Leasing company

 

As per the contract that you signed when you took the vehicle, you agree to reimburse us for all fines and penalty charge notices incurred during the lease, along with the added cost of the £35 administration fee,

 

If you do not pay the invoice you are in breach of your contract and will be treated as such,

 

It is irrelevant that the fine has been paid, you do not own the vehicle and therefore get no say in how the fine is dealt with, it is at the owners discretion how a fine is dealt with,

 

We also have no say in a how a fine is dealt with, if it is paid then it is paid,

 

Private parking fines are enforceable, social media and the internet will have you believe that they are not, however this is wrong,  it is the issuers choice whether they pursue the end user who incurred the fine or not,

 

The invoice is overdue and needs paying today,

[honeybee13]

Being picky, they say penalty charge and not parking charge notices. They clearly don't understand what isn't a fine. 

 

HB

[dx100uk]

They havent a clue what they are talking about.

They believe the internet..idiots!!

 

Wait till eric sees that response!!

 

Dx

[ericsbrother]

if it is at the owners discretion then that is so but it is NOT within their powers to order an ice cream, eat it and then bill you.

This is no different.

It is contract law and not criminal law.

 

If one is being picky you can argue that consumer law applies to the agreement between yourself and the lease co but the more general contract law applies to the parking conditions so you are not bound by their retrospective incorrect interpretation of an unfair term that wasnt in the original contract so you are no longer bound by any of the terms.

 

They are right about FINES but these arent fines they are invoices and the POFA makes that clear by having hoops to jump through to create a liability.

If the invoice is wrong no-one has to pay it.

 

Penalty charges are covered by specific legislation and the Road Traffic Act, the parking cowboys arent

 

I would write to them again pointing uout the errors of the work experience schoolchild who wrote this letter and to get a grown up to have a look

 

[linz2011]

If I do not pay this can they take the car back?

 

[dx100uk]

they?

[linz2011]

Lease company

[dx100uk]

would think if they did that it would be against consumer rules

just because they don't know the diff and blindly think you have to pay, and charge you a fee for their blindness and stupidity , it wouldn't go well for them.

 

they need to be educated

[brassnecked]

Its about time these Lease Companies were made to see the difference between a speculative Invoice and a real PCN, if they were to take the car it coud prove very expensive for them, as they would likely breach the contract as invoice not real penalty or fine.